WORKINGTON HARBOUR & DOCK BOARD v. TRADE INDEMNITY COMPANY, LTD.

(1933) 47 Ll.L.Rep. 305

KING'S BENCH DIVISION.

Before Mr. Justice Lawrence.

Contract - Guarantee - Construction of works by K & R on plaintiffs' dock premises at Workington-Bond entered into between plaintiffs and defendants, defendants to secure performance of K & R's contract - Failure of K & R to complete contract owing to amount of water in soil to be excavated -Work completed by plaintiffs-Claim under bond-Indebtedness of K & R to plaintiffs denoted by certificate issued by plaintiff's engineers-Whether certificate binding on defendants-Plaintiffs' duty of disclosure under bond- Whether contract bond one of guarantee or of insurance