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PRUDENCE CO. v. FIDELITY & DEPOSIT CO.

No. 270.

297 U.S. 198 (1936)

56 S.Ct. 387

80 L.Ed. 581

THE PRUDENCE CO., INC. v. FIDELITY & DEPOSIT COMPANY OF MARYLAND ET AL.

Supreme Court of United States.

Decided February 3, 1936.

Attorney(s) appearing for the Case

Mr. Alfred T. Davison, with whom Messrs. Martin A. Schenck and Orrin G. Judd were on the brief, for petitioner.

Mr. John W. Davis, with whom Messrs. Thomas E. White and Joseph F. Murray were on the brief, for respondents.

MR. JUSTICE CARDOZO delivered the opinion of the Court.

We are to determine the measure of damages upon a bond conditioned against loss through the failure to complete a building at the time and in the manner called for by the building contract.

In September, 1929, petitioner, the Prudence Company, Inc., undertook to make a mortgage loan of $6,650,000 in aid of the construction...

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