Snoqualmi Realty Co. v. Moynihan
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Ho». Se'lden P. Spencer, Judge. (1) Where there is evidence to support the referee in his finding of facts, this court will not disturb such finding. Tufts v. Latshaw, 172 Mo. 359; Bank v. Donnell, 172 Mo. 384. (2) The court properly overruled plaintiff’s second exception to the referee’s report, relative to the authority of the architect.
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Appeal from the St. Louis City Circuit Court. — Ho». Se'lden P. Spencer, Judge. (1) Where there is evidence to support the referee in his finding of facts, this court will not disturb such finding. Tufts v. Latshaw, 172 Mo. 359; Bank v. Donnell, 172 Mo. 384. (2) The court properly overruled plaintiff’s second exception to the referee’s report, relative to the authority of the architect. Clark on Architects, 82; Lloyd, Building & Building Contracts, sec. 11; Beach on Contracts, sec. 113; Wait on Law of Construction, sec. 446; Board, etc., v. Motherwall, 123 Ind. 364; Guerin v. Rodwell, 33 N.…
1Opinion of the CourtMarshall, J.
— These two cases are cross-appeals from the judgment of the circuit court of St. Louis, in the case of Snoqualmi Realty Company, plaintiff, against Patrick J. Moynihan and the American Surety Company, defendants. The case is a suit upon a builder’s bond for ten thousand dollars, Moynihan being the principal and the American Surety Company the surety in the bond, and the plaintiff the obligee in the bond. The plaintiff claimed $9,154.16 damages for the breaches of the bond. The defendants denied any breaches and all liability, and the surety pleaded release by virtue of various acts of the…
2Cases cited21 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Utley v. HillSupreme Court of Missouri · 1900
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3Cited by13 opinions
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Sandusky v. SanduskySupreme Court of Missouri · 1915
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Walker v. Gateway Milling Co.Court of Appeals of Virginia · 1917
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912
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