City of Milbank v. Western Surety Co.
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. James H. McCoy, Judge. Action by the City of Milbank against the Western Surety Company. From a judgment for plaintiff, defendant appeals. A surety cannot be held beyond the express terms of his contract. Rev. Civil Code, Sec. 1995; Cal. Civil Code, Sec. 2836; Leggett v. Humphreys, 21 How.
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Appeal from Circuit Court, Grant County. Hon. James H. McCoy, Judge. Action by the City of Milbank against the Western Surety Company. From a judgment for plaintiff, defendant appeals. A surety cannot be held beyond the express terms of his contract. Rev. Civil Code, Sec. 1995; Cal. Civil Code, Sec. 2836; Leggett v. Humphreys, 21 How. (U. S.) 66; U. .S. v. Cheeseman, 3 Sawyer 429; The city records failing to show an affirmative yea and nay vote on letting the contract made the basis of this action, it is a nullity. Pol. Code, Sections 1209, 1341, 1344, and 1352; Shattuck v. Smith, 69 N. W.…
1Opinion of the CourtCorson, J.
The plaintiff, the city of Milbank, instituted this action against the defendants to recover on the bond executed by them the amount of loss sustained by the plaintiff by reason of the defendant McDonald’s failure to carry out his contract to construct a system of sewerage in that city. A directed verdict and judgment being in favor of the plaintiff, the defendant, the Western Surety Company, has appealed.
*265A large number of errors are assigned on the part of appellant, but the grounds upon which a reversal is claimed are grouped and summarized by counsel for appellant in his brief, and thus…
2Cases cited3 opinions
- Pickton v. City of FargoNorth Dakota Supreme Court · 1901
- In the Matter of John G. LeedsNew York Court of Appeals · 1873
- Hermiston v. GreenSouth Dakota Supreme Court · 1898
3Cited by2 opinions
- Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1909
- City of Paris v. BrayTexas Supreme Court · 1915