Utterson v. Elmore
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) There were such changes made that were made necessary by negligence and failure of the contractor to perform the work according to the terms of the contract as shown by the record. “But a surety will not be discharged by a change in the work contracted for, which was rendered necessary solely by the negligence of his principal in- the execution of -the contract. Killoren v. Meehan, 55 Mo.
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Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) There were such changes made that were made necessary by negligence and failure of the contractor to perform the work according to the terms of the contract as shown by the record. “But a surety will not be discharged by a change in the work contracted for, which was rendered necessary solely by the negligence of his principal in- the execution of -the contract. Killoren v. Meehan, 55 Mo. App. 428. (2) It may be that it will be claimed here that there was some departure from the plans and specifications but authority for this…
1Opinion of the CourtGray, J.
This is a suit brought by the plaintiff against D. R. Elmore and Son, and Sam Jones and M. Beckman, for $321.71. In July, 1908, the plaintiff made a contract with said Elmore and Son to build a residence for him. At the time the contract was made, a bond was executed by the contractors to the plaintiff, with the defendants, Jones and Beckman as sureties, in the sum of one thousand dollars, for the completion of the building, according to- the plans and specifications. The contractors failed to complete the building according to the contract or the plans and specifications, and also failed to…
2Cases cited7 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
- Reissaus v. WhitesMissouri Court of Appeals · 1907
- Burnes Estate v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
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3Cited by5 opinions
- Rice v. Provident Life & Accident InsuranceMissouri Court of Appeals · 1937
- National Surety Co. v. HaleySupreme Court of Oklahoma · 1916
- Neuwirth v. MoydellMissouri Court of Appeals · 1915
- National Surety Co. v. New Mexico ex rel. Sandoval CountyCourt of Appeals for the Eighth Circuit · 1926
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921