Carson Opera House Ass'n v. Miller
Nevada Supreme Court
Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts are stated in tbe opinion. .1. The failure of plaintiff to make the payments at the time specified in tbe contract, is not such a violation of tbe contract as will discharge the sureties. (Brandt on Surety-ship, sees. 296, 345.) II.
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Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts are stated in tbe opinion. .1. The failure of plaintiff to make the payments at the time specified in tbe contract, is not such a violation of tbe contract as will discharge the sureties. (Brandt on Surety-ship, sees. 296, 345.) II. After tbe liens were filed in the recorder’s office, plaintiff bad tbe right under the statute to retain any sums due upon tbe contract and apply tbe same in satisfaction of tbe liens. I. Tbe question is whether the plaintiff has departed from its contract with the sureties.…
1Opinion of the Court
By the Court,
Leonard, C. J.:
Bespondents, Miller and' Cook, entered into a contract with appellant, dated April 27, 1878, whereby the former agreed, within three months from that date, to fully erect, construct, and finish, with first-class material, to be furnished by them, a theater or opera building, in strict accordance with certain plans, details, drawings, and specifications adopted by the parties; also, to secure appellant and keep it harmless from all liens and claims of liens for material or labor upon said building, under the laws of the state; also, to execute and deliver to…
2Cases cited12 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Smith v. United StatesSupreme Court of the United States · 1865
- Churchill v. HuntNew York Supreme Court · 1846
- Dobbin v. BradleyNew York Supreme Court · 1837
- Bethune v. DozierSupreme Court of Georgia · 1851
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3Cited by10 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- County of Clark v. Bonanza No. 1Nevada Supreme Court · 1980
- County of Glenn v. JonesCalifornia Supreme Court · 1905
- Gato v. WarringtonSupreme Court of Florida · 1896
- Stephens v. ElverWisconsin Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.