Board of Education ex rel. Johnson Heat Regulating Co. v. United States Fidelity & Guaranty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The question involved in this case was fully considered and determined by this court in Board of Education ex rel. v. Fidelity & Guaranty Co., 155 Mo. App. 109. (2) The distinction sought to be made by the respondent between the former case and this, is not supported by the evidence and is not good in law.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The question involved in this case was fully considered and determined by this court in Board of Education ex rel. v. Fidelity & Guaranty Co., 155 Mo. App. 109. (2) The distinction sought to be made by the respondent between the former case and this, is not supported by the evidence and is not good in law. It is clear that the relator, the Johnson Heat Regulating Company, is not a subcontractor under Kohlbry and DeLaney, copartners doing business as the National Engineering & Construction Company; and it is…
1Opinion of the CourtReynolds, P. J.
— We have in this case the same contract and bond which were before us in the case of the Board of Education ex rel. Phillip Carey Co. v. United States Fidelity & Guaranty Co., 155 Mo. App. 109, 134 S. W. 18, hereafter referred to for brevity as the Carey case. In the case at bar, as in the Carey case, a partnership composed of Kohlbry and DeLaney, doing business under the firm name of the National Engineering & Construction Co., and hereafter referred to as the original contractors, entered into a contract with the Board of Education of the city of St. Louis, “to construct, erect and build…
2Cases cited2 opinions
- Hydraulic Press Brick Co. v. School DistrictMissouri Court of Appeals · 1899
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
3Cited by14 opinions
- General Insurance Company of America v. Hercules Construction Company, a Corporation, Hercules Construction Company, a Corporation v. General Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1967
- City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1913
- City of St. Louis Ex Rel. Stone Creek Brick Co. v. Kaplan-McGowan Co.Missouri Court of Appeals · 1937
- State Ex Rel. Lawson v. Warren Br. Roads Co.Indiana Court of Appeals · 1945
- City of St. Joseph Ex Rel. Consolidated Stone Co. v. Pfeiffer Stone Co.Missouri Court of Appeals · 1930
9 more not listed; retrieve them via the Exa API.