Adams v. Haigler
Supreme Court of Georgia
Action on bond. Before Judge Hodges. City court of Macon. December 10, 1905. Adams brought suit upon a bond against Haigler and Frey as principals, and Bazemore as surety. The petition alleged: The plaintiff entered into a contract with Haigler and Frey on January 9, 1904, under which they were to build a house of a certain description and do other work stipulated in the contract.
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Action on bond. Before Judge Hodges. City court of Macon. December 10, 1905. Adams brought suit upon a bond against Haigler and Frey as principals, and Bazemore as surety. The petition alleged: The plaintiff entered into a contract with Haigler and Frey on January 9, 1904, under which they were to build a house of a certain description and do other work stipulated in the contract. The plaintiff fully complied with all of his obligations, and has paid out upon the order of Haigler, for material arid labor in the construction of the house and necessary for its completion, the sum of $3,514.73,…
1Opinion of the CourtCobb, J.
1. The amendment should have been allowed. It was germane to the petition, and did not set forth a new- cause of action. See City of Columbus v. Anglin, 120 Ga. 785. One of the distinct terms in the contract was that Haigler and Frey were to find all material, labor, etc., necessary for the full completion of the building as set forth in the specifications. The. condition of the bond was that they should well and truly comply with all the terms and conditions of the contract. The petition alleged that they utterly failed to find material, labor, etc., which was necessary to complete the…
2Cases cited4 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Cole Manufacturing Co. v. CollierTennessee Supreme Court · 1892
3Cited by19 opinions
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Sasser & Co. v. GriffinCourt of Appeals of Georgia · 1974
- Goldberg v. Provident Washington InsuranceSupreme Court of Georgia · 1916
- Lawrence v. WhiteSupreme Court of Georgia · 1909
- MILLICAN ELECTRIC CO. INC. v. FisherCourt of Appeals of Georgia · 1960
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