Northern Light Lodge, No. 1 v. Kennedy
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Suit by the Northern Light Lodge, No. 1, I. O. O. F., and Frank Marsh and others, trustees, against M. W. Shanley and T. Mournin, co-partners, and James Kennedy and others as sureties, to recover upon a bond. From the judgment for plaintiffs, defendants appeal. The contract provided that no alterations should be made in the work except on a written order of the architects.
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Appeal from District Court, Cass County; McConnell, J. Suit by the Northern Light Lodge, No. 1, I. O. O. F., and Frank Marsh and others, trustees, against M. W. Shanley and T. Mournin, co-partners, and James Kennedy and others as sureties, to recover upon a bond. From the judgment for plaintiffs, defendants appeal. The contract provided that no alterations should be made in the work except on a written order of the architects. This provision was a condition precedent to the making of any changes and is material to holding the sureties on the bond. Bishop on Contracts; 1422; Drake v. Hill, 53…
1Opinion of the CourtBartholomew, J.
The plaintiff the Northern Light Lodge, No. 1, I. O. O. F., is a corporation. The defendants- Shanley & Mournin were co-partners as building contractors. In June, 1894, *149the plaintiff entered into written contract with said Shanley & Mournin for the erection of a certain building in the City of Fargo. To secure the faithful performance of the contract-upon their part, Shanley & Mournin gave the usual bond in such cases, with the defendants Kennedy, O’Neil,- and Elliott as sureties. Plaintiff brought suit upon the bond. The sureties alone defended, their main defense being such a change in the…
2Cases cited8 opinions
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- Kohler v. . MatlageNew York Court of Appeals · 1878
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