Evatt v. Dulaney
Supreme Court of Oklahoma
Error from District Court, McClain County; R. McMillan, Judge. Action by O. L. Dulaney and others against James R. Evatt and another. Judgment for plaintiffs, and defendants bring error.
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Error from District Court, McClain County; R. McMillan, Judge. Action by O. L. Dulaney and others against James R. Evatt and another. Judgment for plaintiffs, and defendants bring error. This was an action on a building contractor’s bond, which reads as*follows: “Know all men by these presents that Bob White, as principal, and A. M. Hopping and J. R. Evatt, as securities, are jointly held and firmly bound to C. W. Hughes and 0. L. Dulaney, in the full sum of one thousand and no./100 dollars ($1,000.00) to be paid to the caid C. W. Hughes and O. L. Dulaney, their heirs; and said principal and…
1Opinion of the Court
Opinion by
DEVERÉUX, C.
(after stating the facts as above). In our opinion there was error in refusing to direct a verdict for the defendants in the court below. In Miller v. Stewart, 9 Wheat. 680, 6 L. Ed. 189, in which the opinion was by Mr. Justice Story, it i¡s said:
“Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of the surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances pointed out in his obligation, he is bound, and no further. It is not sufficient…
2Cases cited12 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Richardson v. FellnerSupreme Court of Oklahoma · 1900
- Philadelphia v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Goss v. Trinity Savings & Loan Ass'nSupreme Court of Oklahoma · 1991
- United States Building & Loan Ass'n v. BurnsMontana Supreme Court · 1931
- Fuqua v. Tulsa Masonic Bldg. Ass'nSupreme Court of Oklahoma · 1928
- Francen v. Oklahoma Star Oil Co.Supreme Court of Oklahoma · 1920
- Chowning v. First State BankSupreme Court of Oklahoma · 1924
2 more not listed; retrieve them via the Exa API.