Montgomery v. Rief
Utah Supreme Court
Appeal from tbe Second district court, Weber county. Ógden Hiles, Judge. Action by Nathaniel Montgomery against Anton Rief and others. From a judgment for plaintiif, defendants Hiram Spencer and Thomas Dee appeal. That Spencer and Dee were liable to material men by the terms of the bond, see: Slump v. Myer, 20 Neb. 223; Cooper t. Foss, 15 Neb. 515; Steiuart' v. Snelling, 15 Neb. 502; Sample v. Hale, 34 Neb. 220. The court erred in sustaining the demurrer.
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Appeal from tbe Second district court, Weber county. Ógden Hiles, Judge. Action by Nathaniel Montgomery against Anton Rief and others. From a judgment for plaintiif, defendants Hiram Spencer and Thomas Dee appeal. That Spencer and Dee were liable to material men by the terms of the bond, see: Slump v. Myer, 20 Neb. 223; Cooper t. Foss, 15 Neb. 515; Steiuart' v. Snelling, 15 Neb. 502; Sample v. Hale, 34 Neb. 220. The court erred in sustaining the demurrer. Lyman v. Gity of Lincoln, 57 N. W. 532-3; Barlcer y. Bryan (Iowa) 21 N. W. 83. In this country, the preponderance of authority is to the…
1Opinion of the Court
Bartch, J.:
This is an action on a bond, brought against Rief,.as principal, and Spencer and Dee, as sureties, to recover the sum of $2,576.69. It appears from the complaint that Rief was the original contractor for the erection of the building for the Agricultural College of Utah; that he executed an agreement with the trustees of the college to erect the building, and, with the appellants as bondsmen, executed and delivered to the trustees a bond for the faithful performance of his contract; that one William Bailey furnished certain material for the construction of the building; and that,…
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