Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $3,722.21?' upon defendants’ bond to secure performance of a building contract. The defense is stated in the opinion. The case was tried before Cant, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. A motion of defendant company to amend the findings was granted in part and denied in part. From an order denying its motion for a new trial, defendant company appealed.
1Opinion of the Court
Dibell, C.
Action on a builder’s bond. There were -findings and judgment for the plaintiff. The defendant appeals from the judgment.
On April 1,1913, the plaintiff trustees of the First Presbyterian Church of Duluth, entered into a contract with Kiehard Hansen for the erection of an addition to its church building. The contract price was $29,263. Changes and extras increased it to $31,549.23. Liens were established against the property and the plaintiff paid in their discharge $3,722,27. This action is brought to recover it.
The contract contained this provision:
“It is hereby mutually agreed…
2Cases cited23 opinions
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- McConnell v. PoorSupreme Court of Iowa · 1901
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- Friend v. RalstonWashington Supreme Court · 1904
18 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- State Bank of New Prague v. American Surety Co.Supreme Court of Minnesota · 1939
- Milavetz v. ObergSupreme Court of Minnesota · 1917
- State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1935