Legal Opinion

Fort Dodge, Des Moines & Southern Railroad v. Burns

Supreme Court of Iowa

Decided June 29, 1916PublishedCited by 1 opinion

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

  1. Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
  2. St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
  3. Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
  4. Stephens v. ElverWisconsin Supreme Court · 1898
  5. State v. HornerOregon Supreme Court · 1900

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3Cited by1 opinion

  1. Fellows v. ErringtonSupreme Court of Iowa · 1919

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