
    Hastings Land Improvement Company, Respondent, v. The Empire State Surety Company, Appellant.
    (Argued April 30, 1915;
    decided May 25, 1915.)
    
      Hastings Land Impr. Co. v. Umpire State Surety Co., 156 App. Div. 258, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff sued upon a bond of the defendant, given to insure the performance of a construction contract. The complaint alleges the abandonment of the work by the contractor, the refusal of the surety, after notice, to undertake the work and completion of the contract by plaintiff at a cost of $3,000 and upwards over the contract price. The defense was that the plaintiff and contractor had made substantial changes in the contract without the surety’s knowledge.
    
      Francis B. Wood for appellant.
    
      William E. Lowther and William B. Bayes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscooic, Collin, Cuddeback, Hogan, Oardozo and Seabury, JJ.  