Reissaus v. Whites
Missouri Court of Appeals
Appeal from Phelps County Circuit Court. — Hon. Robert Lamar, Special Judge. (1) In discussing this case we desire to start out by laying down the elementary principles of law.
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Appeal from Phelps County Circuit Court. — Hon. Robert Lamar, Special Judge. (1) In discussing this case we desire to start out by laying down the elementary principles of law. That where the special contract pleaded as the foundation of plaintiffs right of recovery is one of suretyship, wherein plaintiff declares that he performed each and every of the conditions upon his part, he must show an exact and strict compliance with all of said conditions or terms, without departure therefrom, otherwise his proof fails and he cannot recover of the surety. State ex reí. v. Tittman, 134'Mo. 162;…
1Opinion of the CourtNortoni, J.
The suit is on a builder’s bond. Plaintiff recovered in the circuit court against both the builder and his sureties. Defendants appeal. The plaintiff, Reissaus, entered into a contract with the defendant, W. Vas Whites, a contractor ami builder, whereby Whites undertook to do certain excavating, furnish all the material, labor, etc., and erect for plaintiff a certain brick building, etc., in St. James, Missouri. For the same consideration, and at the same time, defendant Whites, the builder, executed and delivered to plaintiff a bond conditioned for the faithful performance of the building…
2Cases cited20 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Smith v. . MollesonNew York Court of Appeals · 1896
- Smith v. SheldenMichigan Supreme Court · 1876
- Beers v. WolfSupreme Court of Missouri · 1893
- Bethune v. DozierSupreme Court of Georgia · 1851
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Texas Fidelity & Bonding Co. v. Rosenberg Independent School Dist.Court of Appeals of Texas · 1917
- Klinginsmith v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1933
6 more not listed; retrieve them via the Exa API.