Sample v. Hale
Nebraska Supreme Court
Error to tbe district court for Lancaster county. Tried below before Field, J. The board of public lands and buildings had power to make the contract, and require the bond. [Knapp v. Swaney, 23 N. W. Rep. [Mich.], 163; Balter v. Bryan, 64 la., 561). Plaintiff could maintain the action in his own name on the bond and contract.
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Error to tbe district court for Lancaster county. Tried below before Field, J. The board of public lands and buildings had power to make the contract, and require the bond. [Knapp v. Swaney, 23 N. W. Rep. [Mich.], 163; Balter v. Bryan, 64 la., 561). Plaintiff could maintain the action in his own name on the bond and contract. (Shamp v. Meyer, 20 Neb., 223; Baker v. Bryan, 64 la., 561; Emmett v. Brophy, 42 O. St., 82.) The board had no right to insert into the contract the provision to pay for materials and laborers’ wages. (Secrest v. Barbee, 17 O. St., 426; Cutler v. Roberts, 7 Neb., 13;…
1Opinion of the Court
Maxwell, Ch. J.
On the 10th of December, 1887, the board of public lands and buildings awarded to John Layne the contract for the erection of the industrial home at Milford for the agreed price of $14,900. The contract is as follows:
“ This contract, made and entered into this 10th day of December, 1887, by and between John Layne, of Lancas*222ter county, Nebraska, party' of the first part, and the state of Nebraska, by the board of public lands and buildings acting for and in behalf of said state, party of the second part, witnesseth:
“That for and in consideration of the payments to be made as…
2Cases cited3 opinions
- Shamp v. MeyerNebraska Supreme Court · 1886
- Ripley v. Board of County CommissionersNebraska Supreme Court · 1874
- Huntington v. FisherSupreme Court of Iowa · 1869
3Cited by39 opinions
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Doll v. CrumeNebraska Supreme Court · 1894
- Kaufmann v. CooperNebraska Supreme Court · 1896
- Smith v. BowmanUtah Supreme Court · 1907
- Builders Lumber & Supply Co. v. Chicago Bonding & Surety Co.Wisconsin Supreme Court · 1918
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