Hirt v. Hahn
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. The petition simply alleges, as a breach of the bond, that Bolhofner suffered and permitted liens to be filed, without averring that plaintiff was obliged to pay, or did in fact pay a dollar on account of liens. In declaring on a penal bond, plaintiff must assign breaches specifically, showing particularly in what manner the covenant has been broken. (Steph. Plead., 337; Langford vs. Saaggr, 40 Mo., 160.)
1Opinion of the Court
"Wagner, Judge,
delivered the" opinion of the court.
In this case no objections are raised to the instructions or rulings of the court upon the trial, but reliance for a reversal is placed on two points, namely, that no sufficient breach was set out in the petition, and that the court erred in allowing counsel fees. The action was brought against defendants as sureties on a penal bond, executed by one Bolhofner, a builder, as principal, and was conditioned, among other things, to save plaintiff harmless from liens on account of a certain building, which Bolhofner had contracted to erect, and…
2Cited by10 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- Baker's Adm'r v. CrandallSupreme Court of Missouri · 1883
- Walter v. HugginsMissouri Court of Appeals · 1912
- Turner v. LordSupreme Court of Missouri · 1887
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