Casey v. Gunn
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, IIon. Daniel Dillon, Judge. A guaranty that the contractor should furnish materials, etc., at Ms own cost and charges is not a guaranty against lien claims for materials furnished under subcontracts ■with the contractor. The liability of a surety cannot be extended beyond the plain terms of his contract, nor by implication. The Singer v. Hibbs, 21 Mo.
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Appeal from the St. Louis Circuit Court, IIon. Daniel Dillon, Judge. A guaranty that the contractor should furnish materials, etc., at Ms own cost and charges is not a guaranty against lien claims for materials furnished under subcontracts ■with the contractor. The liability of a surety cannot be extended beyond the plain terms of his contract, nor by implication. The Singer v. Hibbs, 21 Mo. App. 578; The Home v. TraiCbe, 75 Mo. 202, and cases cited ; City v. Bieldes, 52 Mo. 126 ; State v. Boone, 42 Mo. 262. As to the particularity required in pleading upon a lien claim see: Rev. Stat., secs.…
1Opinion of the CourtBombaube, J.
The plaintiff entered into a building contract with defendants, Gunn, as principal, and Conrad Bickel and Joseph B. Ogden, as securities, by which defendant, Gunn, agreed to erect a dwelling-house for plaintiff and to furnish and pay for the materials, • for the price of 83,194. The contract provided that this consideration should be paid in four instalments, eight hundred dollars, when the first-floor joists were laid; eight hundred dollars, when the roof was on, eight hundred dollars when the plastering was done, and the residue when the house was completed and delivered. “Provided, that…
2Cases cited3 opinions
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Pratt v. MorrowSupreme Court of Missouri · 1870
- Krey v. HussmannMissouri Court of Appeals · 1886
3Cited by3 opinions
- Nowell v. ModeMissouri Court of Appeals · 1908
- Oberbeck v. MayerMissouri Court of Appeals · 1894
- Leavel v. PorterMissouri Court of Appeals · 1893