Fort Dodge, Des Moines & Southern Railroad v. Burns
Supreme Court of Iowa
Appeal from Boone District Court. — R. M. Wrigi-xt, Judge. This is an action by plaintiff against one Burns, a contractor, and the appellant, Southern Surety Company, which signed a bond in the sum of $2,000 with said contractor as surety. The case was tried to the court without a jury. The court found for plaintiff, and rendered judgment against the surety company for $2,000, the amount of the bond, with interest and costs. The surety company appeals.
1Opinion of the Court
Preston, J. —
i. principal and aiterationsrety: The case was tried entirely upon an agreed statement of facts. On- the 26th day of July, 1912, the appellees, as receivers of the Fort Dodge, Des Moines &• Southern Railroad Company, entered into a written contract with one J. F. Burns, by the terms which Burns agreed to furnish the necessary labor for the construction of a high tension transmission line from-Fraser, Iowa, to Fort Dodge, Iowa. On the same date, Bums and appellant, a surety company; executed a bond in the sum of $2,000, conditioned upon the faithful performance of said contract,…
2Cases cited15 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
- Stephens v. ElverWisconsin Supreme Court · 1898
- State v. HornerOregon Supreme Court · 1900
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3Cited by1 opinion
- Fellows v. ErringtonSupreme Court of Iowa · 1919