Allen v. Eneroth
Supreme Court of Minnesota
Action in tbe district court for Hennepin county against Olaf Enerotb and Illinois Surety Company. Tbe complaint alleged a written contract between plaintiff and Enerotb for tbe construction of a building for the sum of $16,700, under which by reason of additions and deductions the contract j>iice became $16,919; that the contract provided Enerotli should furnish a bond for the faithful performance of the contract and to indemnify plaintiff against any loss by reason of any…
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Action in tbe district court for Hennepin county against Olaf Enerotb and Illinois Surety Company. Tbe complaint alleged a written contract between plaintiff and Enerotb for tbe construction of a building for the sum of $16,700, under which by reason of additions and deductions the contract j>iice became $16,919; that the contract provided Enerotli should furnish a bond for the faithful performance of the contract and to indemnify plaintiff against any loss by reason of any lien for labor or materials, and such bond was executed by defendant company with a penalty of $5,000; that plaintiff at…
1Opinion of the CourtO’Brien, J.
Appellant, the Illinois Surety Company, became surety on a -contractor’s bond for defendant Eneroth, and demurred to the complaint exhibited by plaintiff, alleging a default by Eneroth and demanding judgment for the damages alleged to have been sustained. The contract was attached to the complaint, and contained a provision that not more than eighty per cent, of the amount earned under it should be paid until the final acceptance and completion of the building; also that no payments should be made until the contractor exhibited receipts in full to the. owner for labor done and materials…
2Cases cited3 opinions
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- Erickson v. BrandtSupreme Court of Minnesota · 1893
3Cited by3 opinions
- City of Topeka v. Federal Union Surety Co.Court of Appeals for the Eighth Circuit · 1914
- City of Fergus Falls v. Illinois Surety Co.Supreme Court of Minnesota · 1910
- Minnesota Valley Tree, Inc. v. WongSupreme Court of Minnesota · 1976