Legal Opinion

Gargan v. School District No. 15

Supreme Court of Colorado

Decided April 15, 1878PublishedCited by 5 opinions

Appeal from District Court of Weld County. The plaintiff in the court below obtained a verdict in the penalty of the bond, ■ and damages were assessed in the sum of $443.03. A motion for a new trial was overruled and judgment entered on the verdict, and thereupon the defendants prayed an appeal to this court.

1Opinion of the CourtStone, J.

Goddard and Gargan entered into written contract with the School District, appellee, for doing certain work in the building of a school-house, and to secure the due performance of the contract on their part, they, together with Niemeyer and Getz, as sureties, executed a bond to the district in the penal sum of one thousand dollars.

This action is in debt on the bond, brought against Gargan and the sureties aforesaid (Goddard having died before performance of the contract), the breaches assigned being the failure of Gargan and Goddard in the life-time of the latter, and of Gargan afterward, to…

2Cases cited4 opinions

  1. Gaylord v. PayneSupreme Court of Connecticut · 1822
  2. Penoyer v. WatsonNew York Supreme Court · 1819
  3. Chester v. MillerCalifornia Supreme Court · 1859
  4. Hubbard v. DuboisSupreme Court of Vermont · 1864

3Cited by5 opinions

  1. Richardson v. . County of SteubenNew York Court of Appeals · 1919
  2. Hughes v. KellySupreme Court of Virginia · 1898
  3. Teller v. HartmanSupreme Court of Colorado · 1891
  4. Salisbury v. LaFitteColorado Court of Appeals · 1912
  5. Salisbury v. LaFitteColorado Court of Appeals · 1912

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