Hax-Smith Furniture Co. v. Toll
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Now. Ghesley A. Mosman, Judge. (1) The court erred in giving the peremptory instruction against defendant Toll and in refusing his demurrer. The changes in the contract discharged Toll as surety, and entitled him to judgment. Chapman y. Emberg, 95 Mo. App. 127; Lumber Co. y. Gates, 89 Mo. App. 201; Eldridge v. Fuhr, 59 Mo. App. 44; Killoven v. Meehan, 55 Mo. App. 427; Burnes Estate v. Fidelity Dep. Co., 96 Mo.
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Appeal from Buchanan Circuit Court. — Now. Ghesley A. Mosman, Judge. (1) The court erred in giving the peremptory instruction against defendant Toll and in refusing his demurrer. The changes in the contract discharged Toll as surety, and entitled him to judgment. Chapman y. Emberg, 95 Mo. App. 127; Lumber Co. y. Gates, 89 Mo. App. 201; Eldridge v. Fuhr, 59 Mo. App. 44; Killoven v. Meehan, 55 Mo. App. 427; Burnes Estate v. Fidelity Dep. Co., 96 Mo. App. 467. (2) Plaintiff’s eighth instruction was erroneous. The contract and bond should be read together as one instrument, and effect given to…
1Opinion of the CourtJohnson, J.
Action on a bond executed by defendants Sproul, as principal, and Toll, as surety, to secure the faithful performance by the former of a contract made by him with plaintiff for the erection of a business building on premises owned by plaintiff in St. Joseph. A jury was waived by the parties. The trial resulted in a judgment for plaintiff and both defendants appealed. The bond executed December 30, 1905, was in the penal sum of $25,000, and expressed the following obligation: “The condition of the above obligation is such that whereas the said contractor (defendant Sproul) has entered into a…
2Cases cited1 opinion
- Bagwell v. American Surety Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- State Ex Rel. Concrete & Steel Construction Co. v. Southern Surety Co.Missouri Court of Appeals · 1927