Taylor v. Jeter
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. On the 1st November, 1851, an agreement in writing was made between defendant, Jeter, and the trustees of the post-office building.
Read the full summary
Error to St. Louis Court of Common Pleas. On the 1st November, 1851, an agreement in writing was made between defendant, Jeter, and the trustees of the post-office building. Jeter, on bis part, contracted to furnish all the materials and do all the work with diligence and dispatch necessary to the erection and entire completion of said building in accordance with certain plans and specifications (except certain portions of the work particularly named). He also agreed to make deductions from the contract price provided certain changes were made, and it was mutually agreed that the contract…
1Opinion of the CourtLeonard, Judge
It is well settled in our equity law, and it seems, too, in the legal systems of other countries, that the surety is entitled to the benefit of all the securities for the debt taken by the creditor from the principal debtor, and is therefore discharged from liability to the extent to which the creditor has parted with these securities ; and this is agreeable to natural equity. (1 Story’s Eq. § 327, et seq.) Accordingly, in a case like the present, (Calvert v. The London Dock Company, 2 Keen’s Rep. 639,) where a contractor undertook to perform certain work, and it was agreed that three-fourths…
2Cited by25 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- County of Glenn v. JonesCalifornia Supreme Court · 1905
- Dorsey v. McGeeNebraska Supreme Court · 1890
- Evans v. GradenSupreme Court of Missouri · 1894
- Board of Com'rs v. BranhamU.S. Circuit Court for the District of Indiana · 1893
20 more not listed; retrieve them via the Exa API.