Commentary

42 Discharge by alteration of contract

BUILDING AND ENGINEERING vol 5

42 Discharge by alteration of contract

42 Discharge by alteration of contract

A surety may be discharged by a variation of the terms of the principal contract under the rule in Holme v Brunskill1 as follows:

‘The true rule in my opinion is, that if there is any agreement between the principals with reference to the contract guaranteed, the surety ought to be consulted, and that if he has not consented to the alteration, although in cases where it is without inquiry evident that the alteration is unsubstantial, or that it cannot be otherwise than beneficial to the surety, the surety may not be discharged; yet, that

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