Mitchell v. Hancock County
Mississippi Supreme Court
From the circuit court of Hancock county. Hon. William H. FIardy, Judge. Hancock county, appellee, was plaintiff in the court below; Mitchell and others, appellants, defendants there. From a judgment in plaintiff’s favor, defendants appealed to the supreme court. The suit was for the breach of the bond of a bridge builder against appellant, Mitchell, the principal, and the other appellants, sureties on the bond.
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From the circuit court of Hancock county. Hon. William H. FIardy, Judge. Hancock county, appellee, was plaintiff in the court below; Mitchell and others, appellants, defendants there. From a judgment in plaintiff’s favor, defendants appealed to the supreme court. The suit was for the breach of the bond of a bridge builder against appellant, Mitchell, the principal, and the other appellants, sureties on the bond. The declaration alleged that Mitchell contracted with the county to build a bridge across a creek according to specifications; that, having constructed the bridge Mitchell was…
1Opinion of the CourtWhitfield, C. J.
The condition of this obligation was as follows: “ Said J. W. Mitchell by these presents insures and guarantees to keep said bridge in repair for a term of five years, . . . and if said bridge shall be removed from any cause, fire excepted, within the time of five years, he shall rebuild the same without additional cost to the county of Hancock.” It is obvious that the obligor’s attention was directed to exceptions which should be made, and that the only thing excepted against was loss by fire. Whilst making his exceptions, if he had intended to except against the act of God, he should have…
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