United States v. Freel, 186 U.S. 309 (1902)

Name: United States v. Freel, 186 U.S. 309 (1902) - Syllabus
Author: U.S. Supreme Court

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 November 22, 2024, http://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. 22 Nov. 2024. http://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 22 November 2024, from http://originalsources.com/Document.aspx?DocID=8ZG2KP7NR5TKG91.

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