Kneisley Lumber Co. v. Edward B. Stoddard Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. Jas. T. Ne-ville, Judge. (1) The uniform holding in Missouri is that any change in the terms of a building contract, even in the course of its execution, -without the surety’s consent, releases his obligation under the builder’s bond. Beers v. Wolf, 116 Mo. 179; Heim Brewing Co. v. Hazen, 55 M'o. App. 277; Taylor v. Jetmore, 23 Mo. 244; Ryan v. Morton, 65 Texas 262; Bragg v. Shain, 49 Cal. 131; Kane v. Thuener, 62 Mo.
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Appeal from Greene Circuit Court. — Eon. Jas. T. Ne-ville, Judge. (1) The uniform holding in Missouri is that any change in the terms of a building contract, even in the course of its execution, -without the surety’s consent, releases his obligation under the builder’s bond. Beers v. Wolf, 116 Mo. 179; Heim Brewing Co. v. Hazen, 55 M'o. App. 277; Taylor v. Jetmore, 23 Mo. 244; Ryan v. Morton, 65 Texas 262; Bragg v. Shain, 49 Cal. 131; Kane v. Thuener, 62 Mo. App. 69; Timmerberg v. Schramm, 71 Mo. App. 87; Killoren y. Meehan, 55 Mo. App. 427; Eldridge v. Fahr, 59 Mo. App. 44; Fullerton v.…
1Opinion of the CourtBland, P. J.
In 1900 plaintiffs were copartners engaged in the retail lumber business, in the city of Neosho, Mo., under the firm name of the Kneisley Lumber Company. Defendants Edward B. Stoddard and J. P. Hayward were partners under the firm name of the Edward B. Stoddard Company. Defendants G. P. O. Corl and Charles H. Murray were partners in the ice business. Defendant Murray has departed this life since the appeal was perfected and the suit has been revived in the name of his administratrix, who has entered her voluntary appearance. Corl and Murray had plans and specifications prepared by James…
2Cases cited5 opinions
- Rimel v. HayesSupreme Court of Missouri · 1884
- Flanagan v. AlexanderSupreme Court of Missouri · 1872
- Garret v. StateSupreme Court of Missouri · 1839
- Fullerton Lumber Co. v. CalhounMissouri Court of Appeals · 1901
- Broughton Bros. v. SumnerMissouri Court of Appeals · 1899
3Cited by3 opinions
- Parlin Orendorff Co. v. Glover CrewsCourt of Appeals of Texas · 1909
- United States Fidelity & Guaranty Co. v. KernSupreme Court of Oklahoma · 1936
- Cowles Publishing Co. v. McMannWashington Supreme Court · 1946