Stillman v. Wickham
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Walter. I. Smith, Judge. By the terms of a written contract, G. S. Monroe agreed to construct a tenement house for the plaintiff according to specifications, and save her harmless of all liens and incumbrances. Mechanics’ liens were established, however, amounting to three thousand, seven hundred and sixty-one dollars and fourteen cents, which the plaintiff was compelled to pay.
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Appeal from Pottawattamie District Court. — Hon. Walter. I. Smith, Judge. By the terms of a written contract, G. S. Monroe agreed to construct a tenement house for the plaintiff according to specifications, and save her harmless of all liens and incumbrances. Mechanics’ liens were established, however, amounting to three thousand, seven hundred and sixty-one dollars and fourteen cents, which the plaintiff was compelled to pay. With sums already paid, this was one thousand, nine hundred and ninety-two dollars and thirty-three cents more than the contract price. And this amount, with interest,…
1Opinion of the CourtLadd, J.
*5991 2 *598The liability of the defendants, as sureties on the contractor’s bond, for the amount paid to satisfy the mechanics’ liens in excess of the contract price, is conceded, unless avoided by some change in the contract. Owing to the situation of the surety, he must be treated with the utmost *599good faith, and may insist on the strict terms of his obligation. School Dist. v. Reichard, 50 Iowa, 98; Starr v. Blatner, 76 Iowa, 358; Brigham v. Wentworth, 11 Cush. 123; Plow Co. v. Walmsley, 110 Ind. 242 (11 N. E. Rep. 232); Erickson v. Brandt, 53 Minn. 10 (55 N.W.Rep. 62); Bragg v. Shain, 49 Cal. 131;…
2Cases cited16 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Paine v. . JonesNew York Court of Appeals · 1879
- Smith v. GugertyNew York Supreme Court · 1848
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- J. H. Queal & Co. v. StradleySupreme Court of Iowa · 1902
- Charles Weitz' Sons v. United States Fidelity & Guaranty Co.Supreme Court of Iowa · 1928
- Crossley v. StanleySupreme Court of Iowa · 1900
6 more not listed; retrieve them via the Exa API.