Legal Opinion

Routt v. Dils

Supreme Court of Colorado

Decided April 15, 1907No. 5178; No. 2782 C. APublishedCited by 1 opinion

Appeal from the District Court of Arapahoe County. Mon. Samuel L. Carpenter, Judge. Action by Joseph H. Dils against John H. Bontt and The National Surety Company. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtJustice Maxwell

Appellant Boutt entered into a written contract with appellee, Dils, to furnish stone ¿nd other materials, and to do the stone work in the erection of a dwelling house, for the stipuláted sum of $2,500.00, of which amount $1,000.00 was to be paid 'and was paid in advance; the balance to be paid from time to time as the work progressed. ’ .

To insure the performance of the contract, a bond was executed with Boutt as principal, The National Surety Company as surety, and Dils as obligee.

The.work was to be completed November 17th, and in default thereof Boutt was to pay Dils $2.00 per day as…

2Cases cited4 opinions

  1. Bennett v. Lycoming County Mutual InsuranceNew York Court of Appeals · 1876
  2. Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
  3. Stimpson v. Monmouth Mutual Fire InsuranceSupreme Judicial Court of Maine · 1860
  4. O'Driscoll v. DoyleSupreme Court of Colorado · 1903

3Cited by1 opinion

  1. Diana Oil Co. v. CaytonCourt of Appeals of Texas · 1929

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