Board of Education v. Shaw
Supreme Court of Kansas
Error from Miami District Court. Action by the Board of Education of the City of Paola, as plaintiff, against L. E. Post, F. M. Shaw, A. A. Smith, J. B. Hobson, W. G. Painey, H. Pardee, and C. A..Leighton, as defendants, to recover the sum of $70,000 as liquidated damages, and being the penal sum named in a certain bond executed and delivered by the defendants to the plaintiff to secure the faithful performance of a contract made and entered into between the plaintiffs and…
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Error from Miami District Court. Action by the Board of Education of the City of Paola, as plaintiff, against L. E. Post, F. M. Shaw, A. A. Smith, J. B. Hobson, W. G. Painey, H. Pardee, and C. A..Leighton, as defendants, to recover the sum of $70,000 as liquidated damages, and being the penal sum named in a certain bond executed and delivered by the defendants to the plaintiff to secure the faithful performance of a contract made and entered into between the plaintiffs and said Post as principal, with the other defendants as his sureties. All the facts are stated in the opinion, infra. Trial…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1. Contract; Performance;
This was an action on a penal bond given to secure the fulfillment of a building contract. The action was commenced against L. E. Post as principal, and F. M. Shaw, A. A. Smith, J. B. Hobson, W. Gr. Rainey, H. Pardee, and C. A. Leighton, as sureties. But as no service of summons was ever made on Post or Smith, and as neither of them ever appeared in the case the action was prosecuted in the court below against the other defendants alone. The following facts are admitted by the pleadings: The bond and contract…
2Cases cited3 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Reed v. ArnoldSupreme Court of Kansas · 1872
- Baasen v. BaehrWisconsin Supreme Court · 1859
3Cited by10 opinions
- State v. Blanchard Construction Co.Supreme Court of Kansas · 1913
- Wood v. StewartSupreme Court of Kansas · 1944
- First National Bank v. WilliamsSupreme Court of Kansas · 1925
- Zane v. International Hod Carriers, Building & Common Laborers' UnionSupreme Court of Kansas · 1942
- OK Johnson Electric, Inc. v. HESS-MARTIN CORPORATIONSupreme Court of Kansas · 1970
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