Crane & Ordway Co. v. Sykeston School District No. 11
North Dakota Supreme Court
'Appeal from the District Court of Wells County, Coffey, J. . It is the duty of a school board to take from a contractor who is to do building or repairs for the school district, a bond as security for the payment of all bills for materials furnished and labor done, and the failure of the members of such board to take such bond before entering upon such contract renders them individually liable to materialmen and laborers not paid. Comp.
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'Appeal from the District Court of Wells County, Coffey, J. . It is the duty of a school board to take from a contractor who is to do building or repairs for the school district, a bond as security for the payment of all bills for materials furnished and labor done, and the failure of the members of such board to take such bond before entering upon such contract renders them individually liable to materialmen and laborers not paid. Comp. Laws 1913, § 6832. The warrant issued in this case and assigned to plaintiff gives to plaintiff a valid right of action against the school district, and such…
1Opinion of the CourtBibdzell, J.
This is an action brought upon a warrant issued to-the plaintiff by the defendant school district. By stipulation the action was tried in the district court of Wells county, without a jury, and upon an agreed statement of facts. A judgment was entered in the trial court, dismissing the action and ordering a surrender of the warrant for cancelation. From this judgment the plaintiff appeals.
The material facts are as follows: In May, 1913, one John Rude contracted with the defendant for the installation of a heating and ventilating plant in the school building owned by defendant, for the sum of…
2Cases cited9 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
- Beare v. J.A. WrightNorth Dakota Supreme Court · 1905
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3Cited by4 opinions
- Swan v. Great Northern Railway Co.North Dakota Supreme Court · 1918
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924
- Thompson Yards v. KingsleyNorth Dakota Supreme Court · 1926
- Thompson Yards, Inc. v. KingsleyNorth Dakota Supreme Court · 1926