Building Contract—Bond of Contractor — Liability of Sureties.— The sureties on the bond given for the performance of a building contract by the contractor are bound only by the express terms of their contract, and have a right to stand upon its precise terms.

Id.—Abandonment of Work—[Completion by Owner—Architect’s Certificate—Condition Precedent.—Where the work was abandoned by the contractor, and the owner completed it at an increased expense, and the contract provided that the expense incurred by the owner in such case should he audited and certified by the architect, whose certificate should he conclusive, such certificate is a condition precedent to a recovery of such expense against the sureties on the contractor’s bond.

Id.—Contractor’s Repudiation of Contract—Condition not Impaired as to Sureties,—Where the sureties did not repudiate the contract, nor waive any condition stated therein, the repudiation of the contract by the contractor could not, as to the sureties, impair the condition that the owner who completed the work must procure a certificate from the architects as- to the expense incurred.

Id.—Discharge of Architects by Owner—Finding—Breach of Condition not Excused.—A finding that the owner discharged the architects on the ground that they were careless, incompetent, and dishonest, without a finding that the grounds were true, and without any allegation or finding showing an excuse for breach of the condition, does not relieve the plaintiff of the condition stated in the contract as against the sureties.

In.—Excuse, How Shown—Pleading and Proof.—The plaintiff might have relieved himself of the condition, by alleging and proving, as an excuse therefrom, that the architects had refused to act in the matter, or, if they had acted, that they had acted fraudulently or corruptly or through mistake.