Lyman v. Title Guaranty & Surety Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by John C. Lyman and another against the Title Guaranty & Surety Company. Judgment for plaintiffs. Defendant appeals. APPELLANT’S POINTS.
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Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by John C. Lyman and another against the Title Guaranty & Surety Company. Judgment for plaintiffs. Defendant appeals. APPELLANT’S POINTS. In a ease in which it provided in the bond given by the Surety Company "that the surety shall be notified in writing of any act on the part of the said principal or his employees which may involve a loss for which said surety is responsible hereunder within ten days after the appearance of'such act.” This is a condition precedent to a recovery and compliance therewith must be…
1Opinion of the CourtStraup, C. J.
This is an action to recover on a surety bond.
The plaintiffs and O’Toole Bros., on the 15th day of September, 1913, entered into a written contract by the terms of which 0 ’Toole Bros, agreed to dig and back-fill all trenches to construct a waterworks system at Cokeville, Wyo., in accordance with certain specifications. The plaintiffs agreed to pay therefor eleven cents per linear foot. O’Toole Bros, agreed to do the work not later than the 25th of November,: 1913, and to pay ten dollars a day for each day thereafter the work remained unfinished. Each causing delays agreed to pay the other’s…
2Cases cited2 opinions
- In re EvansUtah Supreme Court · 1913
- Gottsegan Cicar Co. v. LevyUtah Supreme Court · 1913
3Cited by5 opinions
- Maule Industries, Inc. v. Gaines Construction Co.District Court of Appeal of Florida · 1963
- United States Plywood Corp. v. Continental Casualty Co.District of Columbia Court of Appeals · 1960
- Shaw v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1932
- Andes Co-Operative Dairy Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Utah State Building Board v. Walsh Plumbing CompanyUtah Supreme Court · 1965