Brioschi-Minuti Co. v. Elson-Williams Construction Co
North Dakota Supreme Court
Appeal on subcontract and surety bond for labor and material. Appeal from order of District Court, Divide County, Leighton, J.5 overruling demurrers to answer of defendant Trust Company. The rule requiring pleadings to be liberally construed applies to allegations wbicb are made and are ambiguous and defective, and bas no reference to tbe omission of material averments. McCormick Harvesting Mach.
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Appeal on subcontract and surety bond for labor and material. Appeal from order of District Court, Divide County, Leighton, J.5 overruling demurrers to answer of defendant Trust Company. The rule requiring pleadings to be liberally construed applies to allegations wbicb are made and are ambiguous and defective, and bas no reference to tbe omission of material averments. McCormick Harvesting Mach. Co. v. Rae, 9 N. D. 482- 31 Cyc. p. 86, § 8. The term “transacting or doing business-” as used in laws of this character (N. D. Comp. Laws 1913 § 5242) implies continuity, and does not mean a single…
1Opinion of the CourtBronson, J.
On March. 15, 1917, the Elson-Williams Construction Company, a Minnesota corporation, made a contract for the construction of a courthouse in Divide county. On March 31, 1917, this construction company, and the defendant trust company as surety, executed a statutory bond pursuant to § 6832, Compiled Laws of 1913, for the performance of such contract and tne payment of all claims and demands for labor and material to be'furnished thereunder. On May' 9, 1917, the plaintiff, a Minnesota corporation, made a contract with this construction company to furnish all labor and material necessary to…
2Cases cited26 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Sioux Remedy Co. v. CopeSupreme Court of the United States · 1914
- Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
- Doll v. CrumeNebraska Supreme Court · 1894
- Kaufmann v. CooperNebraska Supreme Court · 1896
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3Cited by2 opinions
- JR Watkins Company v. VangenNorth Dakota Supreme Court · 1962
- Bottineau County Bank v. StaffordNorth Dakota Supreme Court · 1923