Ausplund v. &198tna Indemnity Co.
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Moore. This action was instituted August 28, 1903, by Octavia Ausplund' against J. W. Higgins ánd the iEtna Indemnity Co. to recover damages for the breach of an agreement.
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Moore. This action was instituted August 28, 1903, by Octavia Ausplund' against J. W. Higgins ánd the iEtna Indemnity Co. to recover damages for the breach of an agreement. The complaint states, in effect, that the defendant,.the iEtna Indemnity Co., is a corporation engaged- in this State in the indemnity business ; that the defendant, Higgins, on June 21, 1902, entered into a written contract with plaintiff, whereby he stipulated to erect for her on or before November 1 of that year a dwelling house, and to secure the…
1Opinion of the Court
INDEMNITY CONTRACT — RECITALS AND CONDITIONS.
1. The liability under an indemnity bond is not limited to the recitals, where — by appropriate reference the contract is incorporated into the bond — the con. tract being then the measure of the liability.
For instance: An indemnity undertaking reciting that the principal has entered into a written agreement bearing a certain date, "in substance practically as follows" — followed by a general statement of the terms of the contract, and conditioned for the faithful compliance by the principal "with all the terms, covenants, and conditions of said…
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