Portland v. Bituminous Paving Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Action by the City of Portland against the Bituminous Paying & Contract Co. and others on a bond.
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From Multnomah: Henry E. McGinn, Judge. Action by the City of Portland against the Bituminous Paying & Contract Co. and others on a bond. The complaint, after setting forth the corporate character of the plaintiff and the defendant company, alleges, in substance, the following facts : That said paying and improvement company entered into a contract with the city, a copy of which is attached to the complaint, and marked “Exhibit A”; that on June 29 and 30, 1891, Ordinance No. 6,718, providing for the improvement of Washington street from the west line of Second street to its intersection with…
1Opinion of the CourtJustice Wolverton
It is important at the outset to ascertain and determine the proper interpretation to be given the language of the condition of the bond relating to repairs. The respondent contends that the condition is effective only as a guaranty that the work and materials will be done and furnished according to the stipulations of the contract, and hence that the bond stands as security for the faithful performance thereof. The language of the ordinance and the condition are very nearly identical, so that the consideration of the purpose of the former must necessarily aid us in arriving at the true…
2Cases cited31 opinions
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- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
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