Porto Rico v. Title Guaranty & Surety Co., 227 U.S. 382 (1913)
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Porto Rico v. Title Guaranty & Surety Co., 227 U.S. 382 (1913)
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Porto Rico v. Title Guaranty & Surety Company No. 154 Argued January 30, 1913 Decided February 24, 1913 227 U.S. 382
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
In this case, held that a bond given in pursuance of an ordinance, for faithful performance of a contract, was solely for the complete result at the end of the period specified, and that it did not permit a recovery of the whole penalty upon any intermediate breach.
Breaches of subordinate requirements, which are specified in a contract for a public utility and bond for performance and are simply means to an end, cannot be made the basis of recovering the whole penalty after final completion or after cancellation by the obligee of the franchise.
If within time for completion of a public utility authorized by ordinance, the municipality itself makes performance impossible, it cannot, under any system of law in Porto Rico or elsewhere, recover upon the bond for failure to perform.
180 F. 641 affirmed.
The facts, which involve the liability of a surety company on a bond given for faithful performance of a contract, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Porto Rico v. Title Guaranty & Surety Co., 227 U.S. 382 (1913) in 227 U.S. 382 227 U.S. 383. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MBTUKXU4CU3EKJR.
MLA: U.S. Supreme Court. "Syllabus." Porto Rico v. Title Guaranty & Surety Co., 227 U.S. 382 (1913), in 227 U.S. 382, page 227 U.S. 383. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MBTUKXU4CU3EKJR.
Harvard: U.S. Supreme Court, 'Syllabus' in Porto Rico v. Title Guaranty & Surety Co., 227 U.S. 382 (1913). cited in 1913, 227 U.S. 382, pp.227 U.S. 383. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MBTUKXU4CU3EKJR.
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