Legal Opinion

Reno Electrical Works v. United States Fidelity & Guaranty Co.

Nevada Supreme Court

Decided July 15, 1919No. 2376PublishedCited by 3 opinions

Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by the Reno Electrical Works against the U. S. Fidelity & Guaranty Company. From a judgment for plaintiff, defendant appeals. The findings and judgment are not sustained by the pleadings. It is affirmatively shown by the complaint that the alleged contract purports to be between Reno Electric Works and Caldwell & Son, while plaintiff sues under the name of Reno Electrical Works.

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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by the Reno Electrical Works against the U. S. Fidelity & Guaranty Company. From a judgment for plaintiff, defendant appeals. The findings and judgment are not sustained by the pleadings. It is affirmatively shown by the complaint that the alleged contract purports to be between Reno Electric Works and Caldwell & Son, while plaintiff sues under the name of Reno Electrical Works. There is no allegation that the two corporations are one and the same, if such be indeed the case. The alleged contract is not…

1Opinion of the Court

By the Court,

Ducker, J.:

This is an action upon a bond executed by defendant surety company, the appellant here, to secure subcon*193tractors, laborers, and materialmen for labor performed and material furnished in the erection, construction, alteration, or repair of a public building or structure.

The second amended complaint alleges substantially that a contract was entered into for the construction of a public building; that thereafter the contractors entered into a contract with plaintiff as subcontractor for the furnishing of material and labor, and for certain construction in connection with…

2Cases cited4 opinions

  1. Memory v. NiepertIllinois Supreme Court · 1890
  2. Bloom v. HazzardCalifornia Supreme Court · 1894
  3. Hunt v. BroderickCalifornia Supreme Court · 1894
  4. Norris v. CampbellWashington Supreme Court · 1902

3Cited by3 opinions

  1. Commercial Standard Ins. Co. v. GarrettCourt of Appeals for the Tenth Circuit · 1934
  2. Pravorne v. McLeodNevada Supreme Court · 1963
  3. Fireman's Fund Insurance Co. v. St. Paul Fire & Marine Insurance Co.District Court, M.D. Tennessee · 2016

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