Green Bay Lumber Co. v. Independent School District
Supreme Court of Iowa
Appeal from Sao District Court. — Hon. Z. A. Ohhroh, Judge. On the 7th day of July, 1899, O. H. Weaver entered into a contract with the independent district of Odebolt to “provide all the materials and perform all the work mentioned in the specifications or shown in the drawings” of the architects in the construction of a school house.
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Appeal from Sao District Court. — Hon. Z. A. Ohhroh, Judge. On the 7th day of July, 1899, O. H. Weaver entered into a contract with the independent district of Odebolt to “provide all the materials and perform all the work mentioned in the specifications or shown in the drawings” of the architects in the construction of a school house. To insure compliance therewith, he executed a bond running to the district, with appellants as sureties, with the condition that if “the said O. H. Weaver fully complies with ail the requirements of the said contract and shall build said school house and shall…
1Opinion of the CourtLadd, J.
The sole question on this appeal is whether the bond executed by the contractor to the school district was also intended for the-benefit of sub-contractors furnishing labor and materials. If not so intended, the sureties are. not liable, and the demurrer was properly sustained. It will be observed that the contract merely required Weaver to provide materials and perform the labor, but contains no stipulation in relation to the payment therefor by him. A condition for compliance therewith imposed on the bondsmen no liability to the subcontractors. Noyes v. Granger, 51 Iowa, 227; Puget Sound…
2Cases cited8 opinions
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Brown v. SharkeySupreme Court of Iowa · 1894
- Leach v. HillSupreme Court of Iowa · 1896
- Puget Sound Brick, Tile & Terra Cotta Co v. School District No. 73Washington Supreme Court · 1895
- Charnock v. District Township of ColfaxSupreme Court of Iowa · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Algonite Stone Manufacturing Co. v. Fidelity & Deposit Co.Supreme Court of Kansas · 1917
- United States v. StarrCourt of Appeals for the Fourth Circuit · 1927
- Wilson v. NelsonSupreme Court of Oklahoma · 1915
- National Surety Co. of New York v. UlmenCourt of Appeals for the Ninth Circuit · 1933
14 more not listed; retrieve them via the Exa API.