Bell v. Kirkland
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,967.55 against the principal and sureties upon the bond described in the opinion. The case was tried before Kelly, J., who ordered judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendants Ulmer, Warner, and Wagener severally appealed.
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Action in the district court for Ramsey county to recover $2,967.55 against the principal and sureties upon the bond described in the opinion. The case was tried before Kelly, J., who ordered judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendants Ulmer, Warner, and Wagener severally appealed. The recital in the bond was in the following words: ' “Whereas, the above bounden Edward J. Kirkland has entered into a contract with the city of St. Paul to construct a sewer on Somerville avenue from the Mississippi river to Eustis street; thence…
1Opinion of the CourtJaggard, J.
Plaintiff and respondent brought an action against defendants'and appellants to recover the unpaid balance for materials furnished to one Kirkland to be used in the construction of the “Somerville sewer.” Kirkland contracted to construct the sewer, and, as principal, signed an instrument in which the appellants joined as sureties, which purported to be a bond to the city of St. Paul conditioned for the performance of the contract, and for the payment for the labor and materials furnished in its execution. The total amount of the account was $6,286.30. The balance unpaid was $2,967.55. The…
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