Beers v. Wolf
Supreme Court of Missouri
.Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Wolf, Hayden and Reitz are sureties and are mot principals on tbe contract in question. While a surety may waive his rights as surety, yet this was not done by the contract involved in this ease.
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.Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Wolf, Hayden and Reitz are sureties and are mot principals on tbe contract in question. While a surety may waive his rights as surety, yet this was not done by the contract involved in this ease. McMillan v. Parkell, 64 Mo. 286; Picot v. Signiago, 22 Mo. 593. (2) Where the instrument does not describe either of the makers as as “principal” or “surety” but contains joint promises on the part of both, evidence aliunde may be given showing that one of the makers was in fact surety for the other, and that the promisee…
1Opinion of the CourtBlack, P. J.
The plaintiff entered into a contract with the defendants, whereby they agreed to furnish all the labor and materials, and build and complete an addition to a hotel, according to the plans, elevations and specifications furnished by the superintending architect; for which the plaintiff agreed to pay them the sum of $31,070, in installments as the work progressed. The defendants, Strimple & Son, proceeded with the work until nearly completed and then abandoned it, leaving unpaid bills. The plaintiff was obliged to employ others to complete the work and to lay out money in the discharge of…
2Cases cited7 opinions
- Ryan v. MortonTexas Supreme Court · 1886
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Taylor v. JeterSupreme Court of Missouri · 1856
- Locke v. McVeanMichigan Supreme Court · 1876
- Lionberger v. KriegerSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
- Caron v. AndrewCalifornia Court of Appeal · 1955
- Evans v. GradenSupreme Court of Missouri · 1894
- Bannon v. JacksonTennessee Supreme Court · 1908
- First Congregational Church of Christ v. LowreyCalifornia Supreme Court · 1917
41 more not listed; retrieve them via the Exa API.