Legal Opinion

Lucas County v. Roberts

Supreme Court of Iowa

Decided September 18, 1878PublishedCited by 4 opinions

Appeal from Lucas District Gowrt. The petition contains two counts. In the first it is stated that the defendant Roberts entered into a contract with the plaintiff whereby he agreed to construct new north and south fronts to the court-house in said county, according to certain specifications, for the sum of seven hundred dollars; that for .the faithful performance of the contract he executed a bond, which is made a part of the petition, and which was signed by the other…

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Appeal from Lucas District Gowrt. The petition contains two counts. In the first it is stated that the defendant Roberts entered into a contract with the plaintiff whereby he agreed to construct new north and south fronts to the court-house in said county, according to certain specifications, for the sum of seven hundred dollars; that for .the faithful performance of the contract he executed a bond, which is made a part of the petition, and which was signed by the other defendants as his sureties; that on the completion of the contract the plaintiff paid Roberts five hundred dollars, “with…

1Opinion of the CourtServers, J.

1. surety: release of: laches of principal. A recovery is sought against .the sureties on the bond, which is conditioned as follows: “Now if said Roberts shall proceed and complete said contract accordance with the terms thereof, and to thesatisfaction of the board of supervisors of said Lucas county, Iowa, without loss or damage to said Lucas, county, then this bond to be void.”

The contract required Roberts to “build or repair the north and south fronts of the court-house in accordance with the. *161specifications, * * * to the satisfaction and acceptance of the board of supervisors, * * ” and…

2Cases cited1 opinion

  1. Chambers v. CochranSupreme Court of Iowa · 1864

3Cited by4 opinions

  1. Shelton v. American Surety Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
  2. Texas Fidelity & Bonding Co. v. Rosenberg Independent School Dist.Court of Appeals of Texas · 1917
  3. Pauly Jail Building & Manufacturing Co. v. CollinsWisconsin Supreme Court · 1909
  4. National Surety Co. v. State Ex Rel. Board of CommissionersIndiana Court of Appeals · 1926

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