Allen v. Eneroth
Supreme Court of Minnesota
Action in the district court for Hennepin county by John G. Allen against Olaf Eneroth and Illinois Surety Company on their bond to secure the faithful performance of a building contract by defendant Eneroth and to indemnify Allen from any loss by reason of mechanics’ liens. After plaintiff’s death Cemelia Allen and A. E. Nel.son, as administrators of the estate of plaintiff, were substituted as plaintiffs.
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Action in the district court for Hennepin county by John G. Allen against Olaf Eneroth and Illinois Surety Company on their bond to secure the faithful performance of a building contract by defendant Eneroth and to indemnify Allen from any loss by reason of mechanics’ liens. After plaintiff’s death Cemelia Allen and A. E. Nel.son, as administrators of the estate of plaintiff, were substituted as plaintiffs. Defendant Surety Company in its answer denied that any payments made by Allen to Eneroth were paid upon the certificates of the architects, as required by the contract; denied that Allen…
1Opinion of the CourtBrown, J.
On August 7, 1908, plaintiff Allen was the owner of certain real property in the city of Minneapolis, and on that day entered into a contract with defendant Eneroth for the construction of a dwelling house thereon. By the terms of the contract Eneroth agreed to furnish all labor and material used in the construction of the building, *478and was to receive therefor, when the building was fully 'completed, the sum of $16,700. A subsequent modification of the contract slightly increased the cost price of the building. On September i, 1908, to insure the faithful performance of the contract, Eneroth,…
2Cases cited10 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Consaul v. SheldonNebraska Supreme Court · 1892
- Van Buren County v. American Surety Co.Supreme Court of Iowa · 1908
- Mayes v. LaneCourt of Appeals of Kentucky · 1903
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
- Peerless Insurance Co. v. Cerny & Associates, Inc.District Court, D. Minnesota · 1961
- Alsleben v. Oliver CorporationSupreme Court of Minnesota · 1959
- Fitzgerald v. Armour & Co.Supreme Court of Minnesota · 1915
5 more not listed; retrieve them via the Exa API.