Boise City v. National Surety Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action upon a surety bond brought by Boise City against tbe National Surety Company, as surety for the Reliance Construction Company. Judgment for plaintiff. The proper measure of damages to be applied to this ease is the cost of making the repairs specified.
Read the full summary
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action upon a surety bond brought by Boise City against tbe National Surety Company, as surety for the Reliance Construction Company. Judgment for plaintiff. The proper measure of damages to be applied to this ease is the cost of making the repairs specified. But in making these repairs the city acted under the duty of doing the work at the reasonable cost thereof, and of using such facilities as it might have to do so as cheaply as possible. This duty 'rests upon the city under the…
1Opinion of the CourtBudge, C. J.
The Reliance Construction Company, of Portland, Oregon, between May, 1912, and. June, 1913, under contract with the respondent constructed a sewer system in Boise, which when completed was accepted conditionally by the city, the latter reserving the right, within a period of twelve months from date of the acceptance, upon ten days’ notice to the contractor, to require certain portions of said sewer system to be relaid or repaired. The acceptance was contained in a resolution of the city council which required the company to give a bond in the sum of five thousand dollars for the faithful…
2Cases cited3 opinions
- George A. Fuller Co. v. DoyleU.S. Circuit Court for the District of Eastern Missouri · 1898
- Owen v. GilesCourt of Appeals for the Eighth Circuit · 1907
- City of Newton v. DevlinMassachusetts Supreme Judicial Court · 1883
3Cited by4 opinions
- Goodwin v. Village of FirthIdaho Supreme Court · 1957
- Cheney v. Palos Verdes Investment Corp.Idaho Supreme Court · 1983
- Cheney v. Palos Verdes Investment Corp.Idaho Supreme Court · 1983
- Purdy v. MasseySupreme Court of Pennsylvania · 1931