Martin v. Whites
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. Robt. Lamar, Special Judge. The law is that where the special contract pleaded as the foundation of plaintiff’s right to recover is one of suretyship, wherein plaintiff declares that he performed each and every one of the conditions upon his part, he must show an exact compliance with all of said conditions or terms without departure therefrom, otherwise his proof fails and he cannot recover of the surety.
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Appeal from Phelps Circuit Court. — Hon. Robt. Lamar, Special Judge. The law is that where the special contract pleaded as the foundation of plaintiff’s right to recover is one of suretyship, wherein plaintiff declares that he performed each and every one of the conditions upon his part, he must show an exact compliance with all of said conditions or terms without departure therefrom, otherwise his proof fails and he cannot recover of the surety. State ex rel. v. Tittman, 184 Mo. 162; Beers v. Wolf, 116 Mo. 179; Obebick v. Major, 59 Mo. App. 289; Evans v. Graden, 125 M'o. 72; Lumber Co. v.…
1Opinion of the CourtNortoni, J.
The suit is on abuilder’sbond. Plaintiffs recovered, and the defendant surety appeals. On the first day of June, 1904, the plaintiffs, trustees of the German Lutheran Congregation of St. James, Missouri, entered into a contract in writing with one W. Vas *119Whites, a builder, whereby said Whites bound himself to furnish all of the materials, labor, etc., and erect for plaintiffs a certain house of worship situate at St. James, Missouri. In conjunction with this contract, and of even date therewith Whites executed to plaintiffs a bond conditioned that he would faithfully perform the contract,…
2Cases cited25 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Ryan v. MortonTexas Supreme Court · 1886
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Beers v. WolfSupreme Court of Missouri · 1893
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3Cited by10 opinions
- Roberts v. Security Trust & Savings BankCalifornia Supreme Court · 1925
- Walsh v. Methodist Episcopal Church South, of PaducahCourt of Appeals of Texas · 1915
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Reissaus v. WhitesMissouri Court of Appeals · 1907
- Boppart v. Illinois Surety Co.Missouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.