Mosher Mfg. Co. v. Equitable Surety Co.
Texas Commission of Appeals
Error to Court of Civil Appeals of Fifth Supreme Judicial District. Suit by the Mosher Manufacturing Company against the Equitable Surety Company and M. P. Kelley. A judgment for plaintiff against the first-named defendant, action having been dismissed as to the latter, was reversed and rendered by the Court of Civil Appeals (202 S. W. 7S8), and plaintiff brings error.
1Opinion of the CourtSpencer, J.
Plaintiff in error, Mosher Manufacturing Company, a corporation, instituted this suit to recover of defendant M. P. Kelley, as principal, and the defendant in error, Equitable Surety Company, a corporation, as surety, upon a contractor’s bond which Kelley had furnished in pursuance of an agreement had with Anderson county, Tex., on May 20, 1913. Anderson county and M. P. Kelley entered into a written contract by the terms of which Kelley agreed to construct a courthouse for Anderson county at its county seat, Palestine, Tex., for the sum of $148,438. Before the completion of the building…
2Cases cited7 opinions
- Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
- Knapp v. SwaneyMichigan Supreme Court · 1885
- National Bank of Cleburne v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1902
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Knox Recr. v. BallTexas Supreme Court · 1945
- Dealers Electrical Supply Co. v. Scoggins Construction Co.Texas Supreme Court · 2009
- Corpus Christi v. Acme Mechanical Cont., Texas Court of Appeals, 13th District1987
- Greenville Independent School District v. B & J Excavating, Inc., Texas Court of Appeals, 5th District (Dallas)1985
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
20 more not listed; retrieve them via the Exa API.