Evans v. Graden
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. William S. Herndon, Judge. (1) Before the surety can be released because of a change of a contract there must have been some change so as to alter its identity. Warden v. Ryan, 37 Mo. App. 466. (2) In Leavel v. Porter, 52 Mo. App. 642, the contract provided for departures which, however, were to be made by the owner stating them in writing with the certificate of the architect indorsed thereon.
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Appeal from Platte Circuit Court. — Hon. William S. Herndon, Judge. (1) Before the surety can be released because of a change of a contract there must have been some change so as to alter its identity. Warden v. Ryan, 37 Mo. App. 466. (2) In Leavel v. Porter, 52 Mo. App. 642, the contract provided for departures which, however, were to be made by the owner stating them in writing with the certificate of the architect indorsed thereon. This was not done and the court held that the surety was not released. In the same case it was held that doing extra work, or work not done in the manner…
1Opinion of the CourtBlack, P. J.
On the twenty-second day of May, 18.89, Col. George S. Park and James Rider & Son entered into a written contract whereby Rider & Son agreed to furnish all the material and erect for Park building at Parkville in this state, for the use of Park College. The contract provides that the building shall be a frame structure, and shall be erected according to specifications prepared by Mr. Hogg and certain other specifications prepared by Mr. Park. Park agreed to pay Rider & Son $5,800, Rider & Son “not drawing at any time over seventy per cent, of the work done, the whole work to be completed” by…
2Cases cited4 opinions
- Ryan v. MortonTexas Supreme Court · 1886
- Beers v. WolfSupreme Court of Missouri · 1893
- Bragg v. ShainCalifornia Supreme Court · 1874
- Taylor v. JeterSupreme Court of Missouri · 1856
3Cited by24 opinions
- Bullard v. NortonTexas Supreme Court · 1916
- Eager v. SeedsSupreme Court of Oklahoma · 1908
- Kennedy v. BowlingSupreme Court of Missouri · 1928
- Wehrung v. DenhamOregon Supreme Court · 1903
- Bartlett & Kling v. Illinois Surety Co.Supreme Court of Iowa · 1909
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