Brandrup v. Empire State Surety Co.
Supreme Court of Minnesota
Action, in the district court for Blue Earth county to recover $2,000 from Charles G-. Brazier and the Empire State Surety Company upon their bond to secure the execution of Brazier’s building contract with plaintiff.
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Action, in the district court for Blue Earth county to recover $2,000 from Charles G-. Brazier and the Empire State Surety Company upon their bond to secure the execution of Brazier’s building contract with plaintiff. The complaint alleged the making of a written contract for the ■work for the sum of $6,900; the abandonment of the work by Brazier; the payment by plaintiff of various sums for labor and liens filed against the premises; due performance by plaintiff of all the terms of the contract and bond, and refusal of defendant company to pay plaintiff. The surety company alone answered,…
1Opinion of the CourtO’Brien, J.
Plaintiff received bids for tbe remodeling of a building. Defendant Brazier proposed to perform the contract for $6,900. The other bids received were much higher. Plaintiff and his architect considered the bid a very low one, and suggested to Brazier that he had made a mistake, and insisted that he go over the plans again. The day following Brazier reported that he had made a mistake of $1,000. Plaintiff testified: “lie said he could do it all right for $6,900, and then I said that if he did, and he did the work in good shape, and got it done on time, November first, I think it was, I said I…
2Cases cited3 opinions
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
- Spear v. StacySupreme Court of Vermont · 1853
- Miller v. Miller Knitting Co.New York Supreme Court · 1898
3Cited by20 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Gillette v. Harold, Inc.Supreme Court of Minnesota · 1960
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
- Meyer v. BichowSupreme Court of Louisiana · 1913
- People ex rel. T. B. Townsend Brick & Contracting Co. v. BowenMichigan Supreme Court · 1915
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