Bagwell v. American Surety Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. E. D. Wood, Judge. ,(1) Where the special contract pleaded as the foundation of plaintiff’s right of recovery is one of suretyship, wherein plaintiff declares that he performed each and every of the conditions upon his part, he must show an exact and strict compliance with all of said conditions or terms, without departure therefrom, otherwise his proof fails and he can not recover of the security.
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Appeal from St. Louis City Circuit Court. — Hon. E. D. Wood, Judge. ,(1) Where the special contract pleaded as the foundation of plaintiff’s right of recovery is one of suretyship, wherein plaintiff declares that he performed each and every of the conditions upon his part, he must show an exact and strict compliance with all of said conditions or terms, without departure therefrom, otherwise his proof fails and he can not recover of the security. State ex rel. v. Tittman, 134 Mo-. 162; Beers v. Wolf, 116 Mo. 179; Oberbeck v. Mayer, 59 Mo. App. 289; Evans v. Graden, 125 Mo. 72; Lumber Co. v.…
1Opinion of the CourtGoode, J.
The appellant, the American Surety Company, is surety for William Logan on a bond given by said Logan to William B. Bagwell, for the faithful performance of a contract between Logan and Bagwell, wherein the former agreed to build a house for the *711latter. This action was brought on the bond to recover damages for certain breaches of the building contract by Logan, which put Bagwell to an expense of nearly $600 above the contract price of the house. The breaches were the failure of Logan to pay for materials and labor, discharge some liens for labor and material, and complete the house in the…
2Cases cited6 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Eldridge v. FuhrMissouri Court of Appeals · 1894
- Killoren v. MeehanMissouri Court of Appeals · 1893
- O'Neill v. WebbMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hax-Smith Furniture Co. v. TollMissouri Court of Appeals · 1908
- Neuwirth v. MoydellMissouri Court of Appeals · 1915