Legal Opinion

Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.

Supreme Court of Minnesota

Decided July 7, 1916No. Nos. 19,748—(147)PublishedCited by 4 opinions

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

  1. Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
  2. Sherin v. BrackettSupreme Court of Minnesota · 1886
  3. McConnell v. PoorSupreme Court of Iowa · 1901
  4. Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
  5. Friend v. RalstonWashington Supreme Court · 1904

18 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gilloley v. SampsonSupreme Court of Minnesota · 1938
  2. State Bank of New Prague v. American Surety Co.Supreme Court of Minnesota · 1939
  3. Milavetz v. ObergSupreme Court of Minnesota · 1917
  4. State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1935

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