Neuwirth v. Moydell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) The bond sued on, having been executed after the contract between the plaintiffs and Stefan Herich was executed and delivered, and the work contemplated thereunder begun, is without consideration and void. Ring v. Kelly, 10 Mo. App. 411; Pfeiffer v. Kingsland, 25 Mo. 66; Lafayette Building Association v. Kleinhoffer, 40 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) The bond sued on, having been executed after the contract between the plaintiffs and Stefan Herich was executed and delivered, and the work contemplated thereunder begun, is without consideration and void. Ring v. Kelly, 10 Mo. App. 411; Pfeiffer v. Kingsland, 25 Mo. 66; Lafayette Building Association v. Kleinhoffer, 40 Mo. App. 388. (2) The alterations and additions to the building in question made the building as constructed different from that contemplated by the contract between Herich and the plaintiffs and as…
1Opinion of the Court
NORTÓNI, J.
This is a suit against the sureties alone on a builder’s bond, for damages accrued through a breach of the building contract. Plaintiffs recovered and defendants prosecute the appeal.
Plaintiff Ladislaus Neuwirth is the pastor and his coplaintiffs are trustees of the Roman Catholic Slovak Church of the Holy Trinity in, St. Louis, and defendants,- Moydell and Piskulic, are sureties on the contractor’s bond. It appears that the church, desiring to erect a parish school building on the south side of *473Rutger street, between Eleventh and Thirteenth streets, contracted with Stephen Harik,…
2Cases cited7 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
- Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
- Reissaus v. WhitesMissouri Court of Appeals · 1907
- Utterson v. ElmoreMissouri Court of Appeals · 1911
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3Cited by2 opinions
- National Surety Co. v. HaleySupreme Court of Oklahoma · 1916
- O'Neil Engineering Co. v. City of LehighSupreme Court of Oklahoma · 1919