Haakinson & Beaty Co. v. McPherson
Supreme Court of Iowa
Appeal from Sioux District Court. — William D. Boies, Judge. Defendant McPherson contracted with Sioux County to do certain bridge work. The appellant is a subcontract- or, who furnished materials that wefit into said construe-, tion. The defendants other than McPherson became sureties on a bond running to the county. The appellant brought suit on the bond, and, because a demurrer to its petition was sustained, it appeals.
1Opinion of the CourtSalinger, J.
1. Bonds : performance or breach: right of action in third party. I. The trial court sustained the demurrer because it was its understanding that the ruling was compelled by Green Bay Lbr. Co. v. School Dist., 121 Iowa 663. That case and Hunt v. King, 97 Iowa 88, and Weller v. Goble, 66 Iowa 113, merely declare the self-evident proposition that, where a bond does not run to a party, and undertakes no more than to indemnify the party to whom it does run, against breaches of contract, no one may recover on such bond except those to whom it runs. On the other hand, Jordan v. Kavanaugh, 63 Iowa…
2Cases cited15 opinions
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Home Savings & Trust Co. v. District Court of Pole CountySupreme Court of Iowa · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Curtis v. MichaelsonSupreme Court of Iowa · 1928
- Chicago & Northwestern Railway Co. v. KrammeSupreme Court of Iowa · 1953
- Bourrett v. W. M. Bride Construction Co.Supreme Court of Iowa · 1957
- Westinghouse Electric Corp. v. Mill & Elevator Co.Supreme Court of Iowa · 1962
- Monona County v. O'ConnorSupreme Court of Iowa · 1927
5 more not listed; retrieve them via the Exa API.