Suburban Mutual Building & Loan Ass'n v. Paulus
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The answer admits the execution and delivery of bond and contract sued on. It nowhere raises the issue made on the trial that no contract was annexed at the time of execution of the bond, or that the contract now annexed was subsequently made.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The answer admits the execution and delivery of bond and contract sued on. It nowhere raises the issue made on the trial that no contract was annexed at the time of execution of the bond, or that the contract now annexed was subsequently made. The question of the identity of the contract was presented to the jury under instruction number 2 asked by plaintiff, and instructions 3 and 4 asked by defendants. The verdict is conclusive on that question of fact. Oberbeck v. Mayer, 59 Mo. App. 298; s. c., 67 Mo. App. 249.…
1Opinion of the Court
BIGGS, -I.
This is an action on a builder’s bond. The breaches assigned are, that the contractor failed to pay for materials used in the construction of the building; that in consequence thereof mechanic’s liens were filed against the house to secure the amounts of the unpaid claims; that judgments were rendered on the claims and enforcing the liens, and that the plaintiff as the beneficiary in a deed of trust on the property and as the holder of the bond as additional security for its debt, was compelled to pay the amounts of the judgments and the costs of suit. The bond bears date May…
2Cases cited3 opinions
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- Oberbeck v. MayerMissouri Court of Appeals · 1894
- McCord v. Doniphan Branch RailroadMissouri Court of Appeals · 1886