Glencoe Lime & Cement Co. v. Wind
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The bond and the contract recited in and attached to it must be construed together as forming one instrument. Sexton v. Anderson, 95 Mo. 373; Belch v. Miller, 32 Mo. App. 387; Houck v. Frisbee, 66 Mo. App. 16; Lewis v. Penn. M. .L. Ins. Oo., 3 Mo. App. 372. (2) The bond sued on must be strictly construed.
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Appeal from tbe St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The bond and the contract recited in and attached to it must be construed together as forming one instrument. Sexton v. Anderson, 95 Mo. 373; Belch v. Miller, 32 Mo. App. 387; Houck v. Frisbee, 66 Mo. App. 16; Lewis v. Penn. M. .L. Ins. Oo., 3 Mo. App. 372. (2) The bond sued on must be strictly construed. The obligation of the sureties in it can not be enlarged beyond what a fair and reasonable construction of its terms warrants. Cochrane v. Stewart, 63 Mo. 424; Bauer v. Cabanne, 105 Mo. 110; Singer Mfg. Oo. v.…
1Opinion of the CourtBiggs, J.
This action is founded on a contractor’s bond. The defendant Wind is the principal in the bond, and his co-defendants are his sureties. The Board of Education of the city of St. Louis contracted with Wind to furnish the necessary materials for plastering one of the school buildings in the city. The bond was given to secure the performance of this contract. The plaintiff furnished to a subcontractor under Wind, lime, plaster, cement and hair, which were used in the building, and for which the subcontractor and Wind failed to pay. The plaintiff contends that the bond was intended as security…
2Cases cited3 opinions
- Devers v. HowardSupreme Court of Missouri · 1898
- Rogers v. GosnellSupreme Court of Missouri · 1875
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
3Cited by4 opinions
- City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1913
- Pickel Stone Co. v. McClintinMissouri Court of Appeals · 1913
- Buffalo Forge Co. v. Cullen & Stock Manufacturing Co.Missouri Court of Appeals · 1904
- Schneider v. JohnsonMissouri Court of Appeals · 1912