Leiter v. Dwyer Plumbing Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by R. A. Leiter, as administrator of the estate of E. J. Duhamel, and John Megrath, co-partners doing business as Megrath & Duhamel, against the Dwyer Plumbing & Heating Company, a corporation, and Pacific Surety Company of California, a corporation, to recover $3,000 from the Pacific Surety Company of California upon a bond executed by Dwyer Plumbing & Heating Company, as…
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action by R. A. Leiter, as administrator of the estate of E. J. Duhamel, and John Megrath, co-partners doing business as Megrath & Duhamel, against the Dwyer Plumbing & Heating Company, a corporation, and Pacific Surety Company of California, a corporation, to recover $3,000 from the Pacific Surety Company of California upon a bond executed by Dwyer Plumbing & Heating Company, as principal, and Pacific Surety Company of California, as surety, to the plaintiffs for the purpose of insuring the…
1Opinion of the CourtJustice Bean
The theory of the defendant, as pleaded in its answer, was that the 1st day of February, 1906, was made the date for the completion of the work covered by the subcontract by reference being made therein to the general contract, and since the general contractors failed to prosecute the balance of the work to such an extent as to enable the subcontractor to perform its part of the work by the 1st of February, 1906, no obligation rested upon it to install the work thereafter. This construction of the contract contended for ignores the provision of the original contract whereby the government,…
2Cases cited11 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- United States v. GleasonSupreme Court of the United States · 1900
- Livesley v. JohnstonOregon Supreme Court · 1904
- De Mattos v. JordanWashington Supreme Court · 1896
- East v. PaceSupreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fitzgerald v. NealOregon Supreme Court · 1924
- Krieg v. UNION PACIFIC LAND RESOURCES CORPORATIONOregon Supreme Court · 1974
- National Surety Co. v. Lincoln CountyCourt of Appeals for the Ninth Circuit · 1917
- Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
- Sykes v. SperowOregon Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.