Noyes v. Granger
Supreme Court of Iowa
Appeal from Harrison Circuit Court. One A. E. Noyes entered into a written contract with Harrison county, by which he bound himself to construct what is known as the “Spooner ditch.” A. E. Noyes afterward entered into a contract with John H. Noyes, plaintiff herein, by which the construction of said ditch was sub-let to him.
Read the full summary
Appeal from Harrison Circuit Court. One A. E. Noyes entered into a written contract with Harrison county, by which he bound himself to construct what is known as the “Spooner ditch.” A. E. Noyes afterward entered into a contract with John H. Noyes, plaintiff herein, by which the construction of said ditch was sub-let to him. Afterward said John H, Noyes entered into a written agreement with the defendants O. E. Granger and Isaac Smith, by which they undertook the work of excavating said ditch, and also contracted with plaintiff for the purchase of a “grader and ditcher.” It was stipulated in…
1Opinion of the CourtRothrock, J.
*2301. sthiety : iiaboncf:'cannot be extended by implication, *229— The court instructed the jury to the effect *230that the bond given by Granger and Smith, with the other defendants as sureties, secured the plaintiff in the performance of all the stipulations contained in the written agreement between the plaintiff and Granger and Smith. To this instruction the defendants excepted at the proper time, and assign the same as error. The ruling upon the demurrer is also assigned as error. The same question is presented by both assignments, and they may be considered together.
The argument of counsel for…
2Cited by5 opinions
- City of Lafayette v. JamesIndiana Supreme Court · 1883
- Green Bay Lumber Co. v. Independent School DistrictSupreme Court of Iowa · 1903
- Kuhl v. ChamberlainSupreme Court of Iowa · 1908
- Cole v. EdwardsSupreme Court of Iowa · 1898
- Carr & Baal Co. v. Consolidated Independent DistrictSupreme Court of Iowa · 1919