Sinclair v. Wismann
Missouri Court of Appeals
Appeal ‘from St. Louis City Circuit Court.—Hoto. J. Hugo Grimm, Judge. (1) A surety is a favorite of tiie law, lias a right to stand on the strict terms of his contract, and is bound only to the extent in the manner and under the circumstances pointed out in the obligation. Martin v. Whites, 128 Mo. App. 117; Reissaus v. Whites, 128 Mo. App. 135. (2) When the obligation of a bond is one of indemnity, damages must be sustained before there can be a recovery on it.
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Appeal ‘from St. Louis City Circuit Court.—Hoto. J. Hugo Grimm, Judge. (1) A surety is a favorite of tiie law, lias a right to stand on the strict terms of his contract, and is bound only to the extent in the manner and under the circumstances pointed out in the obligation. Martin v. Whites, 128 Mo. App. 117; Reissaus v. Whites, 128 Mo. App. 135. (2) When the obligation of a bond is one of indemnity, damages must be sustained before there can be a recovery on it. State ex rel. v. Sullivan, 99 Mo. App. 616; State ex rel. v. Thompson, 81 Mo. App. 556. (3) Any departure from, change or variation…
1Opinion of the CourtReynolds, P. J.
A corporation engaged in the business of the erection of buildings, and hereafter referred to as the building company, entered into a contract for a stipulated price to construct a dwelling for a party. Under this contract with the owner, the building company was to provide all materials and do all the work required in the erection of the building, the owner 'contracting to pay for the work as it progressed, provided that the wages of artisans and laborers and all those employed by or furnishing materials to the build.ing company should have been paid and satisfied, so that they should have…
2Cited by1 opinion
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