Architectural Decorating Co. v. National Surety Co.
Supreme Court of Minnesota
Action in tlie district court for St. Louis county to recover $1,-034.95 damages for breach of a bond. A demurrer to the complaint was overruled, and defendant surety company in its answer-set up that E. L. 1905, §§ 4535, 4539, were in force at the time of the execution of the bond and plaintiff did not serve its notice-on defendant in accordance with that statute; and further alleged plaintiff was a foreign corporation, had not complied with the statutes of the state, and…
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Action in tlie district court for St. Louis county to recover $1,-034.95 damages for breach of a bond. A demurrer to the complaint was overruled, and defendant surety company in its answer-set up that E. L. 1905, §§ 4535, 4539, were in force at the time of the execution of the bond and plaintiff did not serve its notice-on defendant in accordance with that statute; and further alleged plaintiff was a foreign corporation, had not complied with the statutes of the state, and was not authorized to do business in Minnesota. The case was tried before Cant, J., who made findings as-stated in the…
1Opinion of the CourtSimpson, J.
This is an action to recover damages for breach of a bond, given by the defendant surety company, arising from a failure in the payment of a claim for labor and material furnished by the plaintiff for the erection of a public high school building. Upon a trial of the action by the court, judgment was entered in favor of the plaintiff and against the defendant surety company. The defendant apjxeals from the judgment.
The facts as found by the court are: On October 8, 1908, the defendant Iienricksen entered into a contract with school district. No. 39 for the erection of a high school building…
2Cited by6 opinions
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
- Norris v. TowerNebraska Supreme Court · 1918
- State Ex Rel. Lichtscheidl v. MoellerSupreme Court of Minnesota · 1933
- Smith & Wyman Co. v. CarlstedSupreme Court of Minnesota · 1925
- Standard Oil Co. v. EnebakSupreme Court of Minnesota · 1928
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