Burnes Estate v. Fidelity & Deposit Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ho». W. K. James, Judge. (1) Under the contract, the contractors were required to do anything “implied or necessarily connected with the proper completion of the work,” including excavating “to firm and solid ground,” andnó order of the architect, written or otherwise, was required for this.
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Appeal from Buchanan Circuit Court. — Ho». W. K. James, Judge. (1) Under the contract, the contractors were required to do anything “implied or necessarily connected with the proper completion of the work,” including excavating “to firm and solid ground,” andnó order of the architect, written or otherwise, was required for this. Early v. 0 ’Brien, 64 N. Y. Sup. 848; Woodruff v. Railroad, 108 N. Y. 39. (2) ■ The contract must he so construed as to give effect to the provision that the contractors should excavate to firm and solid ground. Calloway V. Henderson, 130 Mo. 77,-86; Burch v. Hotel, 7…
1Opinion of the CourtBroaddus, J.
This is a suit by appellant against defendants, Rnsco & Chaffee, contractors with plaintiff for the erection of a three story brick building in St. Joseph, Missouri, and the Fidelity and Deposit Company, their surety on a bond for the performance of the contract. Judgment was rendered against the defendants, Rusco & Chaffee, for the sum of $4,458.77. The court on the hearing of the case instructed for a finding for the Fidelity and Deposit Company, whereupon the plaintiff took a nonsuit against said company, and it is the judgment of the court in refusing to set ■aside same, from which…
2Cases cited6 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Taylor v. JeterSupreme Court of Missouri · 1856
- Evans v. GradenSupreme Court of Missouri · 1894
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rule v. AndersonMissouri Court of Appeals · 1911
- Doyle v. FaustMichigan Supreme Court · 1915
- Bartlett & Kling v. Illinois Surety Co.Supreme Court of Iowa · 1909
- Reissaus v. WhitesMissouri Court of Appeals · 1907
- Martin v. WhitesMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.