Clatsop County v. Feldschau
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 1. This is an action upon a bond given by defendant Feldscban with tbe defendant United States Fidelity and Guaranty Company as surety to, secure tbe performance of a contract entered into between the county and Feldschan for road work to be done by the latter, being the bond required by Section 2991, Or. L. Neither Feldschau nor Erickson was served or appeared in the case.
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From Clatsop: James A. Eakin, Judge. Department 1. This is an action upon a bond given by defendant Feldscban with tbe defendant United States Fidelity and Guaranty Company as surety to, secure tbe performance of a contract entered into between the county and Feldschan for road work to be done by the latter, being the bond required by Section 2991, Or. L. Neither Feldschau nor Erickson was served or appeared in the case. The principal condition of the bond is as follows: “Now, therefore, if the principal herein shall faithfully and truly observe and comply with the terms, conditions and…
1Opinion of the CourtMcBRIDE, J.
1-3. The first item which the court found was due plaintiff was for horse feed furnished, and amounted to $2,105.71. This was a proper charge and was properly allowed. It was also necessary that the men should be fed, and the charge for this was properly allowed. We are of the opinion that tobacco, cigars and cigarettes furnished the men cannot be deemed supplies or provisions necessary to the prosecution of the work, and this item, amounting to $126.17, is disallowed. As knives, forks, and dishes are articles not necessarily consumed or destroyed in the prosecution of the work, the charge…
2Cases cited1 opinion
- School District No. 6 v. SmithOregon Supreme Court · 1912
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- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Stusser v. Mutual Union InsuranceWashington Supreme Court · 1923
- Overman & Co. v. Maryland Casualty Co.Supreme Court of North Carolina · 1927
- March v. ButlerSouth Dakota Supreme Court · 1928
- Seaton Ranch Co. v. Montana Vegetable Oil & Feed Co.Montana Supreme Court · 1950
2 more not listed; retrieve them via the Exa API.