Fellows v. Kreutz
Missouri Court of Appeals
Appeal from Boone Circuit Court. — -Uo». D. H. Harris, Judge. (1) The liability of the defendant cannot be extended beyond the express terms of his contract. He is entitled to stand on the strictness of his obligation. Sterling v. Wolf, 163 111. 467, 45 N. E. 218; Tonng v. Tonng, 21 Ind. App. 509, 52 N. E. 776; G-reenfield Lbr. & Ice Co. v. Parker, 159 Ind. 571, 65 N. E. 747; Dunlap v. Eden, 15 Ind. App. 575, 44 N. E. 560; 1 Brandt on Sur. & Guar.
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Appeal from Boone Circuit Court. — -Uo». D. H. Harris, Judge. (1) The liability of the defendant cannot be extended beyond the express terms of his contract. He is entitled to stand on the strictness of his obligation. Sterling v. Wolf, 163 111. 467, 45 N. E. 218; Tonng v. Tonng, 21 Ind. App. 509, 52 N. E. 776; G-reenfield Lbr. & Ice Co. v. Parker, 159 Ind. 571, 65 N. E. 747; Dunlap v. Eden, 15 Ind. App. 575, 44 N. E. 560; 1 Brandt on Sur. & Guar. (3 Ed.), sec. 106. (2) There is nothing in the contracts sued on to show that they were made for the benefit of third parties. Kansas City ex rel.…
1Opinion of the CourtEllison, P. J.
One Oscar Galm entered into four written contracts with the city of Columbia to build certain sidewalks. He gave bond, with defendant as surety, for the fulfillment of the contracts. Galm purchased material for these walks from plaintiff and failed to pay him, and he thereupon sued defendant as such surety and recovered judgment in the trial court. The petition was in eight separate counts, two on each contract; one treating the bond as a statutory obligation under sections 1247,1248, Revised Statutes 1909, and the other as a common-law bond. At the close of the evidence plaintiff dismissed…
2Cases cited18 opinions
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Devers v. HowardSupreme Court of Missouri · 1898
- Montgomery v. RiefUtah Supreme Court · 1897
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- City of Sterling v. WolfIllinois Supreme Court · 1896
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3Cited by6 opinions
- United States v. StarrCourt of Appeals for the Fourth Circuit · 1927
- La Salle Iron Works, Inc. v. LargenSupreme Court of Missouri · 1966
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934
- C. A. Burton Machinery Co. v. RuthMissouri Court of Appeals · 1917
- Tennessee Supply Co. v. YoungTennessee Supreme Court · 1919
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