Legal Opinion

Simonson v. Grant

Supreme Court of Minnesota

Decided February 21, 1887PublishedCited by 41 opinions

Action in the district court for Hennepin county against the defendants Thori & Malmberg, to recover the value of materials sold and delivered to them for use, and used, in building a house for defendant Grant, and against defendant Grant to enforce a lien against the building, etc.

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Action in the district court for Hennepin county against the defendants Thori & Malmberg, to recover the value of materials sold and delivered to them for use, and used, in building a house for defendant Grant, and against defendant Grant to enforce a lien against the building, etc. Defence by Grant that the plaintiffs were sureties on a bond given to him by Thori & Malmberg, conditioned for the faithful performance of the building contract, one of the provisions of which was that Thori & Malmberg should “protect said Grant and save him harmless from all claims and liens for labor and…

1Opinion of the CourtVanderburgh, J.

Plaintiffs were sureties for the faithful performance by the defendants Thori & Malmberg of their building contract with the defendant Grant. They also furnished materials used in the building erected in pursuance of the contract, and claim a lien therefor in this action. Defendant Grant’s defence against the enforcement of the lien is rested on the claim that the engagement of the plaintiffs as sureties estops them from claiming any lien for materials furnished under the same contract. To this the plaintiffs reply that they had been released from the obligation of their bond beJore any…

2Cases cited5 opinions

  1. Bragg v. ShainCalifornia Supreme Court · 1874
  2. Price v. DoyleSupreme Court of Minnesota · 1885
  3. Tomlinson v. SimpsonSupreme Court of Minnesota · 1885
  4. Farmers' & Mechanics' Bank of Michigan v. EvansNew York Supreme Court · 1848
  5. Leeds v. . DunnNew York Court of Appeals · 1853

3Cited by41 opinions

  1. George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
  2. Beers v. WolfSupreme Court of Missouri · 1893
  3. Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
  4. County of Glenn v. JonesCalifornia Supreme Court · 1905
  5. First National Bank v. Fidelity & Deposit Co.Supreme Court of Alabama · 1906

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