Long v. American Surety Co.
North Dakota Supreme Court
Appeal from the District Court of Sargent county; Allen> J. Action upon a surety bond to recover damages caused by the alleged breach c: subcontract to perform work. Verdict and judgment for plaintiff. Defendant appeals. This is an action on a bond and against the defendant surety company to recover damages for the breach of a subcontract to excavate a portion of a drainage ditch.
Read the full summary
Appeal from the District Court of Sargent county; Allen> J. Action upon a surety bond to recover damages caused by the alleged breach c: subcontract to perform work. Verdict and judgment for plaintiff. Defendant appeals. This is an action on a bond and against the defendant surety company to recover damages for the breach of a subcontract to excavate a portion of a drainage ditch. The principal contract was made on October 3, 1906, between the plaintiff, Long, and the tri-county drainage board of Ransom, Sargent, and Richland counties, and an extension,thereof was made on April 6, 1908. The…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Although there are many assignments of error in this case, they nearly all revolve around one question of damages, and a determination of that question is conclusive of most of them. The question of damages is presented by the defendant, and appellant’s exception to the instruction of the court which peremptorily told the jury that the damages to be found by them if they found the issues for the plaintiff must be the sum of $1,392.49 and interest at 7 per cent per annum from January 1, 1909. This instruction was evidently based upon the assumption that the…
2Cases cited11 opinions
- Railroad v. Cabinet Co.Tennessee Supreme Court · 1900
- O. H. Perry Tie & Lumber Co. v. Reynolds & Bro.Supreme Court of Virginia · 1902
- American Surety Co. v. WoodsCourt of Appeals for the Fifth Circuit · 1901
- Halstead Lumber Co. v. MurphySupreme Court of Kansas · 1891
- Murdock v. JonesAppellate Division of the Supreme Court of the State of New York · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Szarkowski v. Reliance Insurance Co.North Dakota Supreme Court · 1987
- Ireland's Lumber Yard v. Progressive Contractors, Inc.North Dakota Supreme Court · 1963
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Bridges v. PriceCalifornia Court of Appeal · 1928
- Onida Independent School Dist. No. 1 v. GrothSouth Dakota Supreme Court · 1928
11 more not listed; retrieve them via the Exa API.