Town of Mill Valley v. Massachusetts Bonding & Insurance

Action upon two statutory bonds given in connection with bids for the doing of certain street work. Defendant company was sued as surety thereon for the failure of its principal to comply with the requirements both of the bonds and of the statutory provisions the observance of which they were given to secure. Recovery is sought for the entire amount due upon the bonds, claimed to have been forfeited under the express provisions of the statute and under the terms of the bonds executed in conformity therewith. Judgment went for plaintiff in the court below, and defendant appealed under the alternative method from the judgment after its motion for a different judgment on the findings and for a new trial had been denied.

Appellant challenges the sufficiency of the complaint and the propriety of the judgment, and assigns numerous grounds in support of its appeal.

Plaintiff, the Town of Mill Valley, is a municipal corporation of the sixth class, and undertook to- do certain work under two resolutions of intention passed on the same day. Both these resolutions recited that they were passed pursuant to the provisions of the acts of the legislature designated “Improvement Act of 1911“…