Wehrung v. Denham
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This is an action by W. H. Wehrung and others, constituting the State Board of Agriculture of the State of Oregon, against E. T. Denham and others upon a bond given for the faithful performance, on the part of the principal, of a contract for the construction of certain buildings and the repairing of othérs, entered into with plaintiff.
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From Marion: George H. Burnett, Judge. This is an action by W. H. Wehrung and others, constituting the State Board of Agriculture of the State of Oregon, against E. T. Denham and others upon a bond given for the faithful performance, on the part of the principal, of a contract for the construction of certain buildings and the repairing of othérs, entered into with plaintiff. The Legislative Assembly of the State of Oregon, at its biennial session in 1901, appropriated for the use of plaintiff on the state fair grounds the following sums of money, namely: For the improvement of machinery hall,…
1Opinion of the CourtJustice Wodverton
Two questions are presented by the record: (1) Is the contract, to secure the faithful performance of which the bond *390sued on was given, severable, so that it may be construed as a several contract for tbe construction or improvement of each of the four separate buildings involved, and (2) are the sureties relieved of their obligation by the premature payment of the amounts due for work and labor performed by Denham, if such payments may be considered prematurely made?
1. The first question may be determined by an inspection of the contract. The bond was given to insure its faithful…
2Cases cited13 opinions
- Broxton v. NelsonSupreme Court of Georgia · 1898
- Cochran v. BakerOregon Supreme Court · 1899
- Mayhew v. BoydCourt of Appeals of Maryland · 1853
- Taylor v. JeterSupreme Court of Missouri · 1856
- Evans v. GradenSupreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- County of Glenn v. JonesCalifornia Supreme Court · 1905
- Derby v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1917
- James Black Masonry & Contracting Co. v. National Surety Co.Washington Supreme Court · 1911
- Maine Central Railroad v. National Surety Co.Supreme Judicial Court of Maine · 1915
- Horseman v. HorsemanOregon Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.