Wilkinson v. McKimmie
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve questions of liability of sureties on a bond and what constitutes a variation of contract sufficient to release them, are stated in the opinion.
1Opinion of the CourtJustice Pitney
By the judgment here under review the Court of Appeals affirmed a judgment in favor of the Messrs. McKimmie against Wilkinson and Kemp in an action upon a bond they had signed as sureties for one Horton. By an agreement in writing, the McKimmies agreed with Horton to convey to him four lots in Block 9 of Todd and Brown’s subdivision of Mount Pleasant and Pleasant Plains for $11,500, which he agreed to take and pay for as follows: To assume a mortgage of $3,000 and pay $1,000 on delivery of the deed; to reconvey to the Messrs. McKimmie two lots, each 16 feet 8 inches front on Brightwood Avenue…
2Cases cited3 opinions
- Reese v. United StatesSupreme Court of the United States · 1870
- Cross v. AllenSupreme Court of the United States · 1891
- Read v. BowmanSupreme Court of the United States · 1865
3Cited by4 opinions
- Claude Southern Corp. v. Henry's Drive-In, Inc.Appellate Court of Illinois · 1964
- Assets Realization Co. v. . RothNew York Court of Appeals · 1919
- Village of Newark v. James F. Leary Construction Co.New York Supreme Court · 1922
- Tarrant County Water Control & Improvement Dist. No. 1 v. MaxwellCourt of Appeals for the Fifth Circuit · 1940