Paine & Nixon Co. v. United States Fidelity & Guaranty Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,710.70 upon defendant’s bond as surety upon a building contract. The case was tried before Dancer, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtBrown, C. J.
The Boyd Construction Company, a corporation, was awarded the contract for the construction of a public school building at Ely, this state. To secure the faithful performance of the contract, and the payment of all labor and material employed and used in the work of construction, the contractor executed the bond required by section 8245, G-. S. 1913, with defendant as surety. Plaintiff sold to the contractor certain material for use in the building, and brought this action against the surety to recover an alleged unpaid balance due therefor. Defendant had a verdict, and plaintiff appealed…
2Cases cited2 opinions
- Steinbauer v. StoneSupreme Court of Minnesota · 1902
- Foltmer v. First Methodist Episcopal Church of St. CloudSupreme Court of Minnesota · 1914