Killoren v. Meehan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.- — Hon. J. A. Harrison, Judge. It is not disputed that the owner and contractor could make any addition to, or omission from, the work they might agree upon, or alter or change the contract as they saw fit, without invalidating or rendering it void between themselves; but any such additions or omissions or alterations made without the sureties’ consent discharges them from liability. Warden v. By cm, 37 Mo.
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Appeal from the St. Louis City Circuit Court.- — Hon. J. A. Harrison, Judge. It is not disputed that the owner and contractor could make any addition to, or omission from, the work they might agree upon, or alter or change the contract as they saw fit, without invalidating or rendering it void between themselves; but any such additions or omissions or alterations made without the sureties’ consent discharges them from liability. Warden v. By cm, 37 Mo. App. 470; Fitzgerald v. Beers, 31 Mo. App, 361; Beers v. Strimple, 22 S. W. Rep. 620. The stipulations of the contract, in respect to…
1Opinion of the CourtBiggs, J.
The defendant Dunn entered into a contract with his eo defendants, Meehan and Creagen, for the construction of some buildings to be erected on a lot owned by him. The houses were to be built according to written specifications and plans, and the building contract contained the further stipulation that, if they were not completed at a given time, then Meehan and Creagen should forfeit and pay to Dunn $5 for each day thereafter until their final conipletion. To secure Dunn in the performance of this contract, Meehan and Creagen gave an indemnifying bond, in which the plaintiff was surety.
The…
2Cases cited1 opinion
- Beers v. WolfSupreme Court of Missouri · 1893
3Cited by6 opinions
- Eldridge v. FuhrMissouri Court of Appeals · 1894
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- Martin v. WhitesMissouri Court of Appeals · 1907
- Enterprise Hotel Co. v. BookOregon Supreme Court · 1906
- Killoren v. MeehanMissouri Court of Appeals · 1896
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