Handley v. Ward
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge. The respondent was one of the sureties on the bond of the contractor. And respondent being the surety for Ward, the contractor, his own claim for material that went into the building over and above the contract price could itself be set up as a set-off and counterclaim. Beits v. Leete, 28 Mo. App. 540. The appellate court can not revise the verdict of a jury on conflicting evidence. Donovan v. Ryan, 35 Mo.
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Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge. The respondent was one of the sureties on the bond of the contractor. And respondent being the surety for Ward, the contractor, his own claim for material that went into the building over and above the contract price could itself be set up as a set-off and counterclaim. Beits v. Leete, 28 Mo. App. 540. The appellate court can not revise the verdict of a jury on conflicting evidence. Donovan v. Ryan, 35 Mo. App. 160; Malting Co. v. Miller, 38 Mo. App. 251; JEswin v. R. R., 96 Mo. 290, and cases cited; O’Connell v. R. R., 106…
1Opinion of the CourtGill, J.
Statement. This is a suit to enforce a mechanics’ lien brought by plaintiff Handley on account of lumber and materials furnished to defendant Ward to be used in the construction of a dwelling house for ^ defendant Williams. Ward entered into a contract with Williams to furnish all the materials and build the house for the agreed price of $1,475, and plaintiff Handley joined Ward, the contractor, in executing a bond for the protection of Williams, the condition of which bond was, in effect, that Ward would comply with his contract entered into with Williams.
The defense was, that the contractor…
2Cases cited1 opinion
- Deitz v. LeeteMissouri Court of Appeals · 1888
3Cited by4 opinions
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
- Badger Lumber Co. v. MuehlebachMissouri Court of Appeals · 1904
- Compton v. ConradMissouri Court of Appeals · 1919
- Dong Yang Corp. v. G.C. CorporationSuperior Court of Guam · 2012