Mitchell v. Zurn
Texas Commission of Appeals
Error to Court of Civil Appeals of Second Supreme Judicial District. Suit by J. E. Mitchell and another against J. F. Zurn and others. From judgment for plaintiffs, defendants appealed to the Court of Civil Appeals, which reversed and rendered (196 S. W. 544), and plaintiff Mitchell brings error.
1Opinion of the Court
SPENCER, J. J. E. Mitchell
sued the Hydraulic Building Stone Company, a corporation, J. F. Zurn, and Mrs. M. M. Harrold and Mrs. Josie H. Barnes, executrices of the estate of E. B. Harrold, deceased, to recover upon a bond executed by the corporation as principál and J. F. Zurn and .E. B. Harrold as sureties. By the terms of the instrument they bound themselves to a faithful performance on the part of the corporation to carry out a contract entered into between the corporation and Mitchell.
The contract required the corporation to do all grading and excavating, build a cement foundation, lay…
2Cases cited8 opinions
- Edwards County v. JenningsTexas Supreme Court · 1896
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- Lee v. YandellTexas Supreme Court · 1887
- Davis v. . Board of Comm'rs., Stokes Co. and PoindexterSupreme Court of North Carolina · 1875
- Gates v. TebbettsNebraska Supreme Court · 1909
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3Cited by1 opinion
- Lawson v. Daniel Ripley & Co.Court of Appeals of Texas · 1927