Legal Opinion

Fellows v. Errington

Supreme Court of Iowa

Decided January 27, 1919PublishedCited by 3 opinions

Appeal from G-rinnell Superior Gourt. — P. G. Norris, Judge. Action at law to recover upon a building contract and bond given to secure its performance. Trial to a jury, ver-, diet and judgment for plaintiff, and the defendant Casualty Company appeals.

1Per curiam

1. Principal and surety: suretyship and indemnity contrasted. On April 28, 1914, the plaintiff entered into a written contract with the defendant Errington, by ■ the terms of which the latter undertook to furnish the materials and labor and construct a residence building for the plaintiff, to be completed on or before February 1, 1915, at the aggregate price of $18,868. To secure the performance of such contract, Errington, with *324the defendant Maryland Casualty Company, made and delivered to plaintiff a bond. This bond is in the usual form of such instruments. It is not a mere undertaking to…

2Cases cited27 opinions

  1. Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
  2. Yancy v. MortonCalifornia Supreme Court · 1892
  3. Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900
  4. Vreeland v. EllsworthSupreme Court of Iowa · 1887
  5. Green v. CliffordCalifornia Supreme Court · 1892

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3Cited by3 opinions

  1. Clapp v. WallaceSupreme Court of Iowa · 1936
  2. Employers Mutual Casualty Co. v. United Fire & Casualty Co.Court of Appeals of Iowa · 2004
  3. Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921

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