King v. Randall
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Action by George F. King against D. P. Randall and others. Judgment for defendants, and plaintiff appeals. The lower court fell into the error of considering the indemnity contract as being founded upon and dependent for its validity upon the contract for rebuilding the courthouse which was entered into between the county commissioners and plaintiff.
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Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Action by George F. King against D. P. Randall and others. Judgment for defendants, and plaintiff appeals. The lower court fell into the error of considering the indemnity contract as being founded upon and dependent for its validity upon the contract for rebuilding the courthouse which was entered into between the county commissioners and plaintiff. The contract to indemnify against loss did not contemplate that the building contract was illegal, nor did the parties concerned believe it to be illegal. A contract…
1Opinion of the Court
By the Court,
Coleman, C. J.:
Appellant, who was plaintiff in the district court, brought this action to recover upon the following contracti
“Memorandum of Agreement
“Whereas, The county commissioners of Lyon County, Nevada, have entered into a contract in writing with one George F. King under the terms of which said King *121is to rebuild the county courthouse at Dayton, in said county; and
“Whereas, There is some dispute as to the legality of proceeding under said contract, and a suit and injunction are threatened by certain residents of said county to tie up the said work:
“Now, therefore, we, the…
2Cases cited4 opinions
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- Davis v. JanewaySupreme Court of Oklahoma · 1916
- Woodman v. InnesSupreme Court of Kansas · 1891
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