The owner had overpaid the contractor for the work done without the consent of the sureties It was held that the sureties were released. Langdale MR said: ‘And the company, instead of keeping themselves in the situation of debtors . . become creditors to a large amount, without any security.’
Langdale MR
[1838] EngR 449, (1838-1838) 2 Keen 638, (1838) 48 ER 774
Commonlii
England and Wales
Updated: 02 June 2021; Ref: scu.312455
