Fraters Glass & Paint Co. v. Southwestern Construction Co.
California Court of Appeal
1Opinion of the Court
THOMPSON (R. L.), J.
This is an appeal from a judgment against the sureties on an indemnity bond which was given pursuant to section 1183 of the Code of Civil Procedure, to secure the payment of the- contract price of material furnished to the contractor in the construction of a building at Los Angeles.
The appellants claim they were released from the obligations of the undertaking to the extent of $4,000, on account of a mistake on' their part with respect to the terms of the bond, which mistake, they allege, was known to the respondents. A reformation of the instrument is sought pursuant to…
2Cases cited6 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Burt v. Los Angeles Olive Growers Assn.California Supreme Court · 1917
- Pope v. J. K. Armsby Co.California Supreme Court · 1896
- Fraters Glass & Paint Co v. Sw. Construction Co.California Supreme Court · 1927
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3Cited by13 opinions
- Appalachian Insurance v. McDonnell Douglas Corp.California Court of Appeal · 1989
- Taff v. Atlas Assurance Co.California Court of Appeal · 1943
- Roller v. California Pacific Title Insurance Co.California Court of Appeal · 1949
- Reid v. LandonCalifornia Court of Appeal · 1958
- Schultz v. County of Contra CostaCalifornia Court of Appeal · 1984
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