Vosburgh v. Middleditch
Michigan Supreme Court
Appeal from Lapeer; Williams (William B.), J. Bill by Cuthbert L. Vosburgh and another against Bert F. Middleditch and others to enjoin the payment of a sum due under a building contract. A. Harvey’s Sons Manufacturing Company was permitted to intervene claiming an amount due for materials furnished under the contract. From a decree for intervener, plaintiffs and defendant Middleditch appeal.
1Opinion of the CourtClark, J.
The county of Lapeer contracted with Middleditch to furnish certain labor and materials for erecting a county building. Vosburgh and Haller were the sureties on his bond to the county for the performance of the contract and the payment of the laborers and the materialmen. A. Harvey’s Sons Manufacturing Company (hereinafter called the company) furnished materials. After the completion of the work and before settlement with the county the company notified the sureties of the amount due for materials and threatened suit. Upon the settlement with the county there was found due Middleditch a…
2Cases cited4 opinions
- People ex rel. Hirth v. PowersMichigan Supreme Court · 1896
- Board of Education v. GrantMichigan Supreme Court · 1895
- McElroy v. HathewayMichigan Supreme Court · 1880
- Nash v. BurchardMichigan Supreme Court · 1891
3Cited by6 opinions
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- United States Fidelity & Guaranty Co. v. ButcherSupreme Court of Alabama · 1931
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