Legal Opinion

Rainier v. Masters

Oregon Supreme Court

Decided January 18, 1916PublishedCited by 17 opinions

From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Burnett. This is an action by the City of Rainier, a municipal corporation, against Charles Masters and the U. S. Fidelity & Guaranty Company, a corporation.

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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Burnett. This is an action by the City of Rainier, a municipal corporation, against Charles Masters and the U. S. Fidelity & Guaranty Company, a corporation. It appears by the complaint that the plaintiff city determined by ordinance to improve certain streets within its boundaries; that it let contracts for two separate improvements to the defendant Masters, for whom the other defendant gave in each case a bond conditioned thus: “Now, if said contractor shall well and faithfully perform all the covenants and conditions in said…

1Opinion of the CourtJustice Burnett

1. The complaint declares an abandonment of the contract after the commencement of performance. At *538what stage of the work this occurred is not stated. The effort of the plaintiff is to apply to such a breach the stipulation for the allowance of $10 a day for delay in completing the undertaking. We note that by the provisions of the agreement itself this per diem forfeit is not to be appliéd for an indefinite period in the discretion of the plaintiff. On the contrary, the stipulation is limited to time “which should elapse after the expired time to'date of completion.” In other words, the term…

2Cases cited8 opinions

  1. Moses v. AutuonoSupreme Court of Florida · 1908
  2. Wilhelm v. EavesOregon Supreme Court · 1891
  3. Murphy v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Gilette v. YoungSupreme Court of Colorado · 1909
  5. Ward v. HarenMissouri Court of Appeals · 1914

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hall v. CORNETTOregon Supreme Court · 1952
  2. Oregon, State Highway Com'n v. DeLong Corp.Court of Appeals of Oregon · 1972
  3. Lichtenthaler v. ClowOregon Supreme Court · 1923
  4. Six Companies of California v. Joint Highway Dist. No. 13Court of Appeals for the Ninth Circuit · 1940
  5. Lane County v. WoodOregon Supreme Court · 1984

12 more not listed; retrieve them via the Exa API.

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