Clatsop County v. Fidelity & Deposit Co.
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. In Banc. This is an action instituted by Clatsop County for the use and benefit of Frye & Company, a corporation, engaged in the sale of meat and meat products with its principal office in Seattle, Washington, and one of its branches at Portland, Oregon, against the defendants, who are the original contractor, its surety, and subcontractors, upon a bond guaranteeing the performance of a contract for the construction of a part of…
Read the full summary
From Multnomah: George W. Stapleton, Judge. In Banc. This is an action instituted by Clatsop County for the use and benefit of Frye & Company, a corporation, engaged in the sale of meat and meat products with its principal office in Seattle, Washington, and one of its branches at Portland, Oregon, against the defendants, who are the original contractor, its surety, and subcontractors, upon a bond guaranteeing the performance of a contract for the construction of a part of the Columbia Highway. The cause was tried by the court without the intervention of a jury. Upon the trial Frye & Company,…
1Opinion of the CourtBean, J.
It is the contention of the plaintiff that food used in a necessary boarding-house for laborers employed in the prosecution of public work provided for in a contract secured by a bond given pursuant to Section 6266, L. O. L., as amended, is included within the terms “labor and materials,” and protected by the statutory bond.
It appears that upon the trial of the case the theory of the respondents was to the contrary. There is some contention upon the part of the respondents that the trial court did not find that the board of the men engaged in the labor was necessary “for any prosecution of…
2Cases cited20 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Brogan v. National Surety Co.Supreme Court of the United States · 1918
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
- United States ex rel. John Davis Co. v. Illinois Surety Co.Court of Appeals for the Seventh Circuit · 1915
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Eagle Oil Co. v. AltmanSupreme Court of Oklahoma · 1928
- Portland v. New England Casualty Co.Oregon Supreme Court · 1920
- Wiss v. Royal Indemnity Co.Missouri Court of Appeals · 1926
- J.F. Tolton Inv. Co. v. Maryland Casualty Co.Utah Supreme Court · 1930
4 more not listed; retrieve them via the Exa API.