Legal Opinion
Southwestern Portland Cement Co. v. O. C. McElrath Const. Co.
District Court, D. New Mexico
Decided August 10, 1925No. 1430PublishedCited by 2 opinions
1Opinion of the Court
PHILLIPS, District Judge.
On October 10, 1922, the defendant O. C. McElrath Construction Company,' hereinafter called construction company, made and executed a contract with the state of New Mexico, for the construction of federal aid project No. 82. On October 20, 1922, the construction company and the defendant United States Fidelity & Guaranty Company, hereinafter called the surety company, entered into a bond with the state of New Mexico conditioned for the faithful performance of “all obligations under said contract.” A copy of the contract was attached to the bond, and by express…
2Cases cited1 opinion
- Merchants' Nat. Bank of Clinton v. OteroNew Mexico Supreme Court · 1918
3Cited by2 opinions
- American Surety Co. of New York v. James A. Dick Co.Court of Appeals for the Eighth Circuit · 1927
- First Nat. Bank of Hot Springs, N. M. v. CaplesCourt of Appeals for the Fifth Circuit · 1927