385. Discharge by conduct of the creditor.

A contract of guarantee is not a contract of the utmost good faith1; but where a surety guarantees the due performance of the contract by the contractor, it has been said that the surety must be made aware of anything which is abnormal in the contract between contractor and employer2 and possibly the surety may be discharged by the non-disclosure of an unusual obligation in the building contract. A contractor's surety may also be discharged if the employer fails to comply with the terms of the contract of guarantee

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