Ryan v. Morton
Texas Supreme Court
Appeal from Webb. Tried below before the Hon. J. C. Russell. G. W. Morton brought this suit in the district court of Webb county against L. J. Giraud, Thomas Ryan and Gaspar Mas, on a bond executed to him by Giraud as principal, and Ryan and Mas as sureties, and conditioned for the performance, on Giraud’s part, of a contract entered into between him and Morton for the erection of a certain building on the property of the latter, according to plan and specifications attached…
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Appeal from Webb. Tried below before the Hon. J. C. Russell. G. W. Morton brought this suit in the district court of Webb county against L. J. Giraud, Thomas Ryan and Gaspar Mas, on a bond executed to him by Giraud as principal, and Ryan and Mas as sureties, and conditioned for the performance, on Giraud’s part, of a contract entered into between him and Morton for the erection of a certain building on the property of the latter, according to plan and specifications attached to the contract. By the terms of the contract Giraud was to furnish all necessary labor and materials, and to complete…
1Opinion of the Court
Stayton, Associate Justice.
It is well settled that the liability of a surety cannot be extended beyond the terms of the contract out of which his obligation arises. If the contract be altered without his consent, whether he sustain injury or the contract be to his advantage, it ceases to be his contract, and with that ceases his obligation. Such, however, will not be the effect of a contract by which his principal *261subsequently agrees to do for the same person other and separate work, if by such contract no new terms are added to the former, and it in no way is modified, uhless the work last…
2Cases cited1 opinion
- McPherson v. WillardSupreme Court of Missouri · 1856
3Cited by51 opinions
- United Concrete Pipe Corp. v. Spin-Line Co.Texas Supreme Court · 1968
- Beers v. WolfSupreme Court of Missouri · 1893
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- Jarecki Mfg. Co. v. HindsCourt of Appeals of Texas · 1927
- Bullard v. NortonTexas Supreme Court · 1916
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