Missouri Court of Appeals March 24, 1970, No. 33592 (Meade v. Barrett & Co.)

CLEMENS, Commissioner.

The issue here is whether a surety for a building contractor, having given an unconditional bond to the owner guaranteeing payment of the contractor’s labor and material bills, is relieved of liability to the owner when the owner, knowing of unpaid labor and material bills, pays the contractor in full.

This issue comes up as the by-product of a mechanic’s lien suit.