Boppart v. Illinois Surety Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Hermann Brunibach, Judge. (1) A waiver presupposes knowledge of the thing to be waived. A party relying upon a waiver must prove that it was made with knowledge of all the facts by the party who thus releases his rights. In the absence of such knowledge there can be no waiver. Callies v. Modern Woodmen, 98 Mo. App. 521; Eyas v. Hanson, 14 Mo. App. 363; Thompson v. Ins. Co., 169 Mo. 12; Hearsh v. Ins. Co., 130 Mo.
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Appeal from Jackson Circuit Court. — Eon. Hermann Brunibach, Judge. (1) A waiver presupposes knowledge of the thing to be waived. A party relying upon a waiver must prove that it was made with knowledge of all the facts by the party who thus releases his rights. In the absence of such knowledge there can be no waiver. Callies v. Modern Woodmen, 98 Mo. App. 521; Eyas v. Hanson, 14 Mo. App. 363; Thompson v. Ins. Co., 169 Mo. 12; Hearsh v. Ins. Co., 130 Mo. App. 457; Riley v. Ins. Co., 117 Mo. App. 229; Burgess v. Ins. Co., 114 Mo. App. 169; McCollum v. Ins. Co., 61 Mo. App. 352; Fink v. Ins.…
1Opinion of the CourtBroaddus, P. J.
This is an action against the surety, alone, for the default of its principal. The bond is for the penal sum of two thousand dollars, conditioned for the performance by one G. A. Love of all the terms and conditions of a certain building contract entered into between plaintiff and said Love. By the terms of this contract, dated October 15, 1906, Love agreed to construct a two-story frame dwelling, furnish all material and labor, and. to complete the same free of all mechanics’ liens, according to plans and specifications prepared by A. Van Brunt and Brother, Architects, by January 20, 1907.…
2Cases cited3 opinions
- Dyas v. HansonMissouri Court of Appeals · 1883
- Callies v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Martin v. WhitesMissouri Court of Appeals · 1907
3Cited by9 opinions
- People ex rel. T. B. Townsend Brick & Contracting Co. v. BowenMichigan Supreme Court · 1915
- City of Topeka v. Federal Union Surety Co.Court of Appeals for the Eighth Circuit · 1914
- Matchett v. Winona Assembly & Summer School Ass'nIndiana Supreme Court · 1916
- National Surety Co. v. Queen City Land & Mortgage Co.Supreme Court of Colorado · 1917
- Farmers Bank v. OgdenMissouri Court of Appeals · 1915
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