The Montgomery advertiser., 1903-12-16
UNITED STATES FIDELITY & GUAR ANTY co. V. REPRESENTATIVES.
 ELSKABET HABIL.

Action upon Bond to Secure Faithful Per-
 formance of Contract.--Appeai from
 the Circuit Court of Mobile.
 1, Pleading and practice; when error Ia sustaining demurrer without injury will not work reversai.--WheFe the cts ai. in evidence under pleas upon which the case was tried, and under said pleas the defendant could have avaiied himself of all the benefits he could possibly have been entitled to under said special plea, the erroneous sustaining of 8 demurrer to the special plea Is error without injury and will not work a reversal of the ludg- ment rendered in favor of the plaintiff, 2, Same; sawe.--Where, after pleading the general issue, the defendant In a civil suit filed special pleas which are no more than the general issue, error in sustaining demurreFs to said special peas Is error without injury and will not work a reversal of the judgment rendered in favor of the plaintiff.
 3. Action upon bond to secure faithful performance of contract; sufiicieney oI plea averring acceptance of work---In an action upon bond given to secure the faithful performance of a contract to make repairs upon vessel where ip the contract set out in the complaint 1t ap- pears that the contractors stipulated for six months guarantee of the work and one of the preached complained of was that the repairs were not made 90 as to prevent leaks, and that in less than six months 1t became necessary to stop the
 leaks and to again repair the vessel a plea to said assignments of breach which
 sets up that there was an acceptance of the work by the plaintiff and therefore a waiver of the guarantee against leakage and A waiver of the six months guarantee Is bad and subject to demurrer.
 {. Same; suffieiency of plea.-In an ac-
 ton upon a bond given to secure the
 faithful performance of contract to res pair a vessel. where fin the complaint there are several assignments of breaches
 of said bond by reason of the defective
 work of the contractors, a plea which purports to answer several of said as- signments, but Is bad and presents no answer to one of said assignments, is subject to demurrer; and the subsequent
 withdrawal or striking out of the assign ments to which said plea is no answer,
 does not have the effect of putting the court in error: since, If the defendant de-
 sirod to Interpose said plea as to the other
 assignments of breaches. 1t should have obyiated the demurrer by proper amend ments or by refiling the plea after the
 assignments to which 1t was not an an-
 swer was stricken.
 g. Same; same.-In an action upon a l pond given 70 seGdEp buc potAoEiAAS
 ance of a contract. where the contract is
 set out in haec verba In the complaint
 ana contains a stipulation guara"tesing
 the work done for six months, and one of
 inc breaches of the bond complained of
 was that said work did not remain effec- tive for six months in accordance with said guarantee. pleas which aver that the defendant "did not. in any manner, guar anteA that any of the work done would remain effective for Six months" {" are the statement of mere conciusions of the pleader and subject to demurrer. ! 6. Same; same.-Tn an action uoon q bond given to secure the faithful per- formance of a contract. where the con- | tract which is set out at length in the complaint stipulatas inst the work shsll be completed within a given time. and one nf thA hraaahaR aemnlainaA nf Waa that