Dunne Investment Co. v. Empire State Surety Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Frank J. Murasky, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHart, J.
This is an action to recover the sum of $23,036.59 on a surety bond executed by the defendant, Empire State Surety Company, to insure the faithful performance of the terms of a building contract made and entered into between the plaintiff, as owner, and the defendants, Condon and MeGlynn, as contractors, on the twenty-first day of October, 1908, at the city of San Francisco.
The Surety Company answered the complaint by denials and certain affirmative defenses, the latter involving the charge that the terms of the building contract were varied from in material respects without the knowledge or…
2Cases cited5 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- County of Glenn v. JonesCalifornia Supreme Court · 1905
- Bateman Brothers v. MapelCalifornia Supreme Court · 1904
- Barrett-Hicks Co. v. GlasCalifornia Court of Appeal · 1908
3Cited by13 opinions
- Roberts v. Security Trust & Savings BankCalifornia Supreme Court · 1925
- Safeway Stores, Inc. v. Massachusetts Bonding & InsuranceCalifornia Court of Appeal · 1962
- Pacific Employers Insurance v. City of BerkeleyCalifornia Court of Appeal · 1984
- First Congregational Church of Christ v. LowreyCalifornia Supreme Court · 1917
- A. A. Baxter Corp. v. Colt Industries, Inc.California Court of Appeal · 1970
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