Section 28-2502 - Action on bonds in a penal sum containing an avoidance condition

Action on bonds in a penal sum containing an avoidance condition

A bond in a penal sum, containing a condition that it shall be void on the payment of a certain sum of money, or the performance of an act or of certain duties, has the same effect for the purpose of maintaining an action upon it as if it contained a covenant to pay the money or perform the act or the duties specified in the condition. But the damages to be recovered for a breach, or successive breaches, of the condition, as against the sureties therein, may not exceed the penalty of the bond.

CREDIT(S)

(Aug. 30, 1964, 78 Stat. 670, Pub. L. 88-509, § 1.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 28-2502.
1973 Ed., § 28-2502.

Current through September 13, 2012