Legal Opinion

Long v. American Surety Co.

North Dakota Supreme Court

Decided April 24, 1912Published

Appeal from the District Court of Sargent county; Allen> J. Action upon a surety bond to recover damages caused by the alleged breach c: subcontract to perform work. Verdict and judgment for plaintiff. Defendant appeals. This is an action on a bond and against the defendant surety company to recover damages for the breach of a subcontract to excavate a portion of a drainage ditch.

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Appeal from the District Court of Sargent county; Allen> J. Action upon a surety bond to recover damages caused by the alleged breach c: subcontract to perform work. Verdict and judgment for plaintiff. Defendant appeals. This is an action on a bond and against the defendant surety company to recover damages for the breach of a subcontract to excavate a portion of a drainage ditch. The principal contract was made on October 3, 1906, between the plaintiff, Long, and the tri-county drainage board of Ransom, Sargent, and Richland counties, and an extension,thereof was made on April 6, 1908. The…

1Opinion

On Rehearing.

Bruce, J.

It is urged on motion for rehearing that this case should be sent back for a retrial, rather than that a judgment non obstante veredicto should be ordered. This should be done if it appears, “from the nature of the case and the circumstances connected with it, that there is no reasonable probability that upon another trial the defects in, or objections to, the proof . . . may be remedied.” Meehan v. Great Northern R. Co. 13 N. D. 432, 441, 101 N. W. 183; Richmire v. Andrews & G. Elevator Co. 11 N. D. 453, 92 N. W. 819; Houghton Implement Co. v. Vavrosky, 15 N. D. 308,…

2Cases cited25 opinions

  1. George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
  2. Simonson v. GrantSupreme Court of Minnesota · 1887
  3. Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
  4. Bragg v. ShainCalifornia Supreme Court · 1874
  5. Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900

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