Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-12

Terms of Agreement.
| The complainant recites that it is a cor
poration engaged in the business of acting
as surety on bonds, and was requested by
the defendants. Daggett and Dugan, to act
as surety on their bond as street sweeping
contractors.
Before this request was acceded to, it is
stated, the complainant company required
the defendants to make a written applica-
ton therefor and to expressly agree, in
writing, under the firm name of Daggett
and Dugan and under the individual names
OF the defendants, that in consideration of
the complainant becoming surety on their
bond they would pay all costs, damages.
charges and expenses whatever resulting
from any act. default or neglect on the part
of the defendants that the complainant
might sustain or incur by reason of its hay-
ing executed the bond. any continual
ton thereof. and that in the event the de-
fendant should be unable to complete or
carry out their contract with the District
that the right of possession to such plant
as they might own or have on such work
should vest in the complainant, and that it
might use the same in pushing the contract
to completion. The complainant further
states that 1t was also agreed. in the event
of any default on the part of the defend
ants In carrying out their contract with
the District. the complainant as surety
upon such bond should be subrogated to
all the defendants rights and property as
principals in the contract. and that de-
Ae'ACo ldyiHeulS anu any ana all money
and properties that might be due and pay
able to the defendants at the time of such
breach or default or that might thereafter
become due or payable to them on account
of their contract. should be credited upon
any claim which might be made upon the
complainant under the aforesaid bond
Bond of $4,000.
1t is further averred that the claimant ON
April p, 1899, became the surety of the de-
PENDANTS in the sum of $4,000; that the
bond was approved by the District Commits
stoners and the defendants entered upon
the work contracted for with the Commits
sioners at the time specified in the con-
tract 1t was then declared that the de-
PENDANTS have wholly failed at various
times to perform their contract according
to specifications: that on several occasions
they failed to pay the persons supplying
them with labor; that they failed to thor
oughly clean the streets, and, further, failed
TO gather the refuse and remove it in the
manner specified by their contract, SO that
in the latter part of Julys 1899. the defenl-
ants were summoned to appear before the
Commissioners of the District of Columbia
to show cause why their contract should
not be declared forfeited. 1t is also de-
ciared that at various times since then the
contract has been similarly violated and
the defendants have been notified by the
superintendent of street and alley cleaning
that the work was being done in an un-
satisfactory manner.
Continuing, the bill AYERS:
THAT within the last two weeks the de-
PENDANTS have, in violation of contract,
failed to clean, the streets and have failed
to properly provide the sweepers or patrol
men with the bags or bag carriers pro-
vided in section of the specifications, so
that In the work Of cleaning the streets
much unnecessary dust has been created
and occasioned; and the superintendent of
street cleaning of the District of Columbia
has again warned the defendants that in so
doing they were violating their contract"
Fail to Pay for Material.
The complainant then alleges that the de-
PENDANTS have failed to promptly make pay
ment to all persons supplying them with
material wherew1th to do the work. They
are at present, it is declared, indebted to
various parties for materials heretofore
supplied to them. and that the Fidelity and
Deposit Company was notified January n
by the Eastern and Western Company and
the National Broom and Brush Company
that the defendants were indebted to them
in the sums Of 1854 and $26O.5O respect
lively material alleged to have been sup
pied to the defendants and demanded pay
ment OF complainant, threatening that un-
less the amounts wore promptly paid they
would institute suits against 1t on its bond
II ID declared that similar claim and
threat has been made by Edwin H. Pills
bury. and the company declares 1t appre-
bends that other Indebtedness may exist
and believes that, unless prevented, the
defendants viii incur other obligations for