Primary liability unaffected by private surety arrangement; third party may enforce each co contractor despite internal surety agreement. Where two persons jointly undertake a liability to a third party, a private agreement between them that one shall be liable only on the other's default does not alter their obligations to the third party; the third party retains the right to proceed against each co contractor on the original contract even if aware of the internal surety arrangement.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Primary liability unaffected by private surety arrangement; third party may enforce each co contractor despite internal surety agreement.
Where two persons jointly undertake a liability to a third party, a private agreement between them that one shall be liable only on the other's default does not alter their obligations to the third party; the third party retains the right to proceed against each co contractor on the original contract even if aware of the internal surety arrangement.
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