American Surety Co. v. Empson
Supreme Court of Colorado
Appeal from the District Court of Boulder County. Eon. James E. Garrigues, Judge. Action by The American Surety Company against John H. Empson.. From a judgment for defendant, plaintiff appeals.
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Appeal from the District Court of Boulder County. Eon. James E. Garrigues, Judge. Action by The American Surety Company against John H. Empson.. From a judgment for defendant, plaintiff appeals. The appellant, plaintiff below, brought this action to recover from appellee premiums alleged to be due on its certain bond of indemnity executed April 17, 1897, whereby it became surety for appellee’s performance of his covenants contained in a contract made by him with one J. T. Polk for threshing 500 acres of peas during the season of 1897. The contract provided that the work was to be done- with…
1Opinion of the CourtJustice Goddard
Appellant relies upon that clause in its printed form which provides for the payment of an annual premium of $100 until proper release of the company from the bond should be furnished. There might be some force in this contention if it were not for the fact that a written clause was inserted to the effect that such payments were conditioned upon the continuance of the bond “from year to year at the request of said party of the first part.” When writ*448ten and'printed provisions in a contract cannot be reconciled, the written provisions prevail. “The written parts are ‘the immediate language and…
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