Mellen v. Vondor-Horst Bros.
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. JD. Lewis, Judge. Action by Joseph W. Mellen against Vondor-Horst Brothers and others. Judgment for dismissal rendered after the sustaining of a demurrer to the complaint, interposed by defendant, The Fidelity & Deposit Company of Maryland. Plaintiff appeals.
1Opinion of the CourtFeign, J.
Joseph W. Mellen, the appellant, commenced this action against Vondor-Horst Bros., a corporation, hereafter called the contractor, and against the board of education of Salt Lake City, hereafter designated respondent, to recover the value of labor and material which it is conceded he performed and furnished the contractor for the construction of a certain school building for respondent, as hereinafter stated. Appellant also made the Fidelity & Deposit Company of Maryland, hereafter called surety company, a party to the action, but the court sustained the demurrer of the surety company to the…
2Cases cited2 opinions
- City of Chicago v. HanreddyIllinois Supreme Court · 1904
- Murphy v. . BuckmanNew York Court of Appeals · 1876
3Cited by1 opinion
- South High School Dist. of Summit County v. McMillan Paper & Supply Co.Utah Supreme Court · 1917