Rule v. Anderson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — ¿few. JoJm O. Park, Judge. (1) The finding and judgment of the court should have, been for the plaintiffs. (2) The court erred in giving its declaration and conclusion of law numbered 3, page 24 appellants’ abstract of record. Boppart v. Surety Co., 140 Mo. App. 675; Martin v. White, 128 Mo. App. 117; Beers v. Wolf, 116 Mo. 179; Risse v. Planing Mill Co., 55 Kas. 518; Martin v. White, 128 Mo.
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Appeal from Jackson Circuit Court. — ¿few. JoJm O. Park, Judge. (1) The finding and judgment of the court should have, been for the plaintiffs. (2) The court erred in giving its declaration and conclusion of law numbered 3, page 24 appellants’ abstract of record. Boppart v. Surety Co., 140 Mo. App. 675; Martin v. White, 128 Mo. App. 117; Beers v. Wolf, 116 Mo. 179; Risse v. Planing Mill Co., 55 Kas. 518; Martin v. White, 128 Mo. App. 1. c. 123; Smith v. Molleson, 148 N. T. 241; Fuller Co. v. Doyle, 87 Fed. 687; Am. and Eng. Ency. of Law, 494-5-6. (3) Under the court’s findings of fact the…
1Opinion of the Court
JOHNSON, J. —
This suit is on a builder’s bond executed by defendant, a surety company, as a surety for hire. A jury was waived by agreement and, after hearing the evidence, the court made and filed findings of fact and conclusions of law on which it rendered judgment for the defendants. Plaintiffs appealed.
The facts of the case thus may be stated. Plaintiffs are husband and wife and in August, 1904, acting for himself and as the agent of his wife, the husband entered into a contract with defendant Anderson by the terms of which Anderson, who is a contractor, agreed to do the carpenter work…
2Cases cited5 opinions
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Bunn v. JetmoreSupreme Court of Missouri · 1879
- Gay v. MurphySupreme Court of Missouri · 1896
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
- Burnes Estate v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
3Cited by27 opinions
- Western Indemnity Co. v. MacKechnieCourt of Appeals of Texas · 1919
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Hess & Skinner Engineering Co. v. TurneyCourt of Appeals of Texas · 1918
- American Nat. Bank of Wichita Falls v. HaggertonCourt of Appeals of Texas · 1922
- State ex rel. Elberta Peach & Land Co. v. Chicago Bonding & Surety Co.Supreme Court of Missouri · 1919
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