City of Alpena ex rel. Zess v. Title Guaranty & Surety Co.
Michigan Supreme Court
Error to Alpena; Emerick, J. Assumpsit by the city of Alpena, for the use and benefit of Isaac Zess, against the Title Guaranty & Surety Company upon a statutory bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.
1Opinion of the CourtMontgomery, J.
On the 15th of May, 1905, the Murray Company entered into a contract with the city of Alpena for the construction of a crib, conduit, etc., which contract provided, among other things, that the contractor should, at its own proper cost and charges, “provide all manner of labor, materials, apparatus, utensils and cartage of every description needful for the due performance of the said several works.” At the same time a bond was executed by the defendant, reciting the execution of said contract, and with the condition—
“That if the said the Murray Company shall well and truly keep and perform…
2Cases cited4 opinions
- Board of Education v. GrantMichigan Supreme Court · 1895
- Korsmeyer Plumbing & Heating Co. v. McClayNebraska Supreme Court · 1895
- Morton v. HarveyNebraska Supreme Court · 1899
- Stoddard v. HibblerMichigan Supreme Court · 1909
3Cited by15 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Red River Const. Co. v. Pierce Petroleum CorporationSupreme Court of Louisiana · 1928
- City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
- Southern Surety Co. v. Merchants & Farmers BankIndiana Supreme Court · 1931
- Wilson v. NelsonSupreme Court of Oklahoma · 1915
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