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United States v. Freel, 186 U.S. 309 (1902)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Freel, 186 U.S. 309 (1902)
United States v. Freel No. 221 Argued April 17, 1902 Decided June 2, 1902 186 U.S. 309
ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE SECOND CIRCUIT
Syllabus
A surety on a contractor’s bond, conditioned for the performance of a contract to construct a dry dock, is released by subsequent changes in the work made by the principals without his consent.
The obligation of a surety does not extend beyond the terms of his undertaking, and when this undertaking is to secure the performance of an existing contract, if any change is made in the requirements of such contract in matters of substance without his consent, his liability is extinguished.
If the government’s pleader had evidence of facts showing such knowledge and consent, he should have asked leave to amend the declaration by adding the averment necessary to state it.
The case is stated in the opinion of the Court.
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Chicago:
U.S. Supreme Court, "Syllabus," United States v. Freel, 186 U.S. 309 (1902) in 186 U.S. 309 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=8ZG2KP7NR5TKG91.
MLA:
U.S. Supreme Court. "Syllabus." United States v. Freel, 186 U.S. 309 (1902), in 186 U.S. 309, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=8ZG2KP7NR5TKG91.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. Freel, 186 U.S. 309 (1902). cited in 1902, 186 U.S. 309. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=8ZG2KP7NR5TKG91.
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