City of New Haven v. National Steam Economizer Co.
Supreme Court of Connecticut
Action against a contractor and his surety, upon their bond, to recover damages for breach of the former’s contract to heat and ventilate a school building in the plaintiff city, brought to the Superior Court in New Haven County and tried to the court, Shumivay, November 11th, 1901, the defendant, The National Steam Economizer Company, as contractor, entered into a written contract with the plaintiff, as owner, to install certain heating and ventilating apparatus in the…
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Action against a contractor and his surety, upon their bond, to recover damages for breach of the former’s contract to heat and ventilate a school building in the plaintiff city, brought to the Superior Court in New Haven County and tried to the court, Shumivay, November 11th, 1901, the defendant, The National Steam Economizer Company, as contractor, entered into a written contract with the plaintiff, as owner, to install certain heating and ventilating apparatus in the latter’s high-school building, for the contract price of $22,798. Article X. of the contract provided that this contract…
1Opinion of the CourtPrentice, J.
Confessedly the defendant Surety Company, as the surety upon the bond in suit, which is one conditioned upon the faithful performance by the defendant Economizer Company of a certain contract entered into between it and the plaintiff, is liable to the plaintiff in the amount for which judgment was rendered, unless it be that, by reason of some conduct on the part of the plaintiff in its dealings with the Economizer Company with respect to the subject-matter of the contract between them, the surety’s obligation became discharged either wholly or pro tanto. The question here involved thus…
2Cases cited7 opinions
- United States v. FreelSupreme Court of the United States · 1902
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1865
- McAvoy v. LongIllinois Supreme Court · 1851
- Tingley v. CutlerSupreme Court of Connecticut · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- M. J. Daly & Sons, Inc. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Mazzotta v. BornsteinSupreme Court of Connecticut · 1926
- Doyle v. FaustMichigan Supreme Court · 1915
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