Chapman v. Eneberg
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judge. (1) The architect made his contract with and drew his pay from the owner of the building and acted for him in all matters pertaining to the contract. Northern Light Lodge Co. v. Kennedy, 73 N. W. 524; Lewis v. Slack, 27 Mo. App. 131. (2) It is no breach of the bond to charge that parties threatened to file liens; hence, the court can réadilv see that no cause of action against sureties is stated in the petition.
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Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judge. (1) The architect made his contract with and drew his pay from the owner of the building and acted for him in all matters pertaining to the contract. Northern Light Lodge Co. v. Kennedy, 73 N. W. 524; Lewis v. Slack, 27 Mo. App. 131. (2) It is no breach of the bond to charge that parties threatened to file liens; hence, the court can réadilv see that no cause of action against sureties is stated in the petition. (3) Plaintiff’s testimony shows that the changes were not agreed to in writing and referee found as a fact “that extra…
1Opinion of the CourtEllison, J.
Plaintiff and one Chambers contracted in writing, that the latter should build the former a house for the sum of $6,813.20. The latter gave *130a bond with defendants as sureties, conditioned that he would faithfully perform his contract. Plaintiff brought this action on the bond, charging a breach thereof. The case was referred to a referee, who found that defendants were discharged from their obligations as sureties. The circuit court sustained plaintiff’s exceptions to the report and rendered judgment for the plaintiff.
It was provided in the contract that plaintiff would pay Chambers $6,813.20…
2Cases cited5 opinions
- State v. NolandSupreme Court of Missouri · 1892
- Taylor v. JeterSupreme Court of Missouri · 1856
- Evans v. GradenSupreme Court of Missouri · 1894
- Chapman v. Kansas City, Clinton & Springfield RailroadSupreme Court of Missouri · 1893
- Morley v. CarlsonMissouri Court of Appeals · 1887
3Cited by8 opinions
- Lackland v. EdwinSupreme Court of Missouri · 1914
- Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
- Standard Accident Insurance v. BearSupreme Court of Florida · 1938
- City of New Haven v. National Steam Economizer Co.Supreme Court of Connecticut · 1907
- Young Men's Christian Ass'n v. RitterSupreme Court of Kansas · 1913
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