Cases On the Law of Suretyship Selected And Annotated

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120, 72 Pac. 1032, 98 Am. St. 838 ; Title Guaranty and 438 SURETYSHIP DEFENSES Trust Co. V. Murphy, 52 Wash. 190, 100 Pac. 315 ; Denny v. Spurr, 38 Wash. 347, 80 Pac. 541 ; Ileffcrnan v. United States Fidelity and Casuahy Co. , Zl Wash. 477, 79 Pac. 1095 ; jNIonro v. National Surety Co. , 47 Wash. 488, 92 Pac. 280; Leghorn v. Nydell, 39 I Wash. 17, 80 Pac. 833.
Respondent relies principally upon Leghorn v. Nydell, and Monro V. National Surety Co. , supra. These were cases holding that pay- ment
...s advanced to a contractor before the time stipulated in the contract would not exonerate the bond, in the absence of a positive showing of prejudice. In each of these cases, as in others of a like nature, there was a substantial compHance with the terms of the contract by the contractor. The payment was made in accord- ance with the terms of the bond, and having thereafter become due by reason of a performance of the contract, it was held that | the objection was technical, and the surety was held to its obliga- tion.

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