School District ex rel. Koken Iron Works v. Livers
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) If the contractors were at any time paid by the school district in excess of the eighty per cent as provided by the contract, the sureties on the bond were released. Evans v. Graden, 125 Mo. 77; Taylor v. Jeter, 23 Mo. 250; 2 Brandt Suretyship and Guaranty, sec. 397; Burley v. Hitt, 54 Mo. App. 275. (2) One who sues on a contract made for his benefit can have no greater rights than the person to whom the promise was made.
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Transferred from Kansas City Court of Appeals. (1) If the contractors were at any time paid by the school district in excess of the eighty per cent as provided by the contract, the sureties on the bond were released. Evans v. Graden, 125 Mo. 77; Taylor v. Jeter, 23 Mo. 250; 2 Brandt Suretyship and Guaranty, sec. 397; Burley v. Hitt, 54 Mo. App. 275. (2) One who sues on a contract made for his benefit can have no greater rights than the person to whom the promise was made. Bank v. Klock, 58 Mo. App. 335; Ooleman v. Hiler, 33 N. Y. Sup. 358; Townsend v. Rock-ham, 38 N. E. Rep. 733; Ins. Go. v.…
1Opinion of the CourtBurgess, J.
— Upon the trial of this cause in the circuit court there was judgment for plaintiffs, from which defendant sureties appealed to the Kansas City Court of Appeals, where the judgment of the circuit court was reversed. .
Plaintiffs then filed motion for rehearing which was overruled, and the cause certified to this court because one of the judges of that court was of the opinion that the decision rendered is in conflict with Board of President and Directors of the St. Louis Public Schools v. Woods et al., 77 Mo. 197.
The facts are as follows:
*583Defendants Livers and Pullman having acquired the…
2Cases cited6 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Doll v. CrumeNebraska Supreme Court · 1894
- Devers v. HowardSupreme Court of Missouri · 1898
- Henricus v. . EnglertNew York Court of Appeals · 1893
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3Cited by25 opinions
- Crone v. StindeSupreme Court of Missouri · 1900
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- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- United States Fidelity & Guaranty Co. v. American Blower Co.Indiana Court of Appeals · 1908
- National Surety Co. v. Hall-Miller Decorating Co.Mississippi Supreme Court · 1913
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