Swinney v. Continental Building Co.

This is an action in seventy-nine counts to enforce a contract for the payment of certain bonds. Each count covered bonds of separate original ownership ranging in amounts from $100 to $5,000. Suit was brought by plaintiffs for their own bonds and as assignees of the bonds of seventy-seven others. The trial was before the court without a jury, which found for the plaintiffs. Judgment was entered for the total sum of $52,259.31 and defendant has appealed therefrom.

Plaintiffs claim that defendant is liable to pay the principal of the bonds sued for because of the following proposal, made by the…