Gardener v. Oden
Court of Appeals of Mississippi
In error from the circuit court of Kemper county; Hon. John Watts, judge. This was an action brought by defendant in error against Gardener and Jack, the first as principal, the last as his surety on a bond given by Gardener to secure his performance of an award to be made by arbitrators, of certain matters submitted by Gardener and Oden to them. The award was made. Oden brought suit on this bond for a breach of the award by Gardener.
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In error from the circuit court of Kemper county; Hon. John Watts, judge. This was an action brought by defendant in error against Gardener and Jack, the first as principal, the last as his surety on a bond given by Gardener to secure his performance of an award to be made by arbitrators, of certain matters submitted by Gardener and Oden to them. The award was made. Oden brought suit on this bond for a breach of the award by Gardener. The latter craved oyer, and plead performance. Oden replied, assigning two breaches of the bond: 1st. That by the award Gardener was to give Oden a release of…
1Opinion of the CourtChief Justice Smith
This was a writ of error to the circuit court of Kemper. The *384action was founded on a bond given by Gardener and Jack, conditioned for the faithful performance of an award of arbitrators of certain matters to be submitted to them by the said Gardener and John H. Oden, the defendant in error. The award was made, and the suit was for the recovery of damages arising from an alleged breach of the bond.
The breaches assigned by the plaintiff were, 1st. That the defendant had not released to plaintiff the interest which he possessed in certain partnership property designated in the award. 2d. That…
2Cases cited2 opinions
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Engleman's Executors v. EnglemanCourt of Appeals of Kentucky · 1833
3Cited by1 opinion
- Baltes v. Bass Foundry & Machine WorksIndiana Supreme Court · 1891