Legal Opinion

Max Lindheim & Bro. v. Muschamp

Texas Supreme Court

Decided October 30, 1888No. 6259PublishedCited by 47 opinions

Appeal from Val Verde. Tried below before Hon. Winchester Kelso. On the 24th of March, 1880, Ben Muschamp entered into a contract with appellants to furnish material and do the stone work and plastering in constructing a house in the town of Del Bio, the work to be completed by the 15th of May, 1886. Afterwards, on the same day of the contract, Muschamp, as principal, and the other appellees, James Cornell and A. L. Coffin, as sureties, executed and delivered to appellants a…

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Appeal from Val Verde. Tried below before Hon. Winchester Kelso. On the 24th of March, 1880, Ben Muschamp entered into a contract with appellants to furnish material and do the stone work and plastering in constructing a house in the town of Del Bio, the work to be completed by the 15th of May, 1886. Afterwards, on the same day of the contract, Muschamp, as principal, and the other appellees, James Cornell and A. L. Coffin, as sureties, executed and delivered to appellants a bond in the sum of §2000, which was followed by the conditions attached thereto, viz: “ The condition of the above…

1Opinion of the Court

Acker, Presiding Judge.

Ben Muschamp entered into a written contract with Max Lindheim & Bro. to build a house for them in the town of Del Rio. To secure to Max Lindheim & Bro. the payment of such damage as might result to them should Muschamp fail to perform *35the contract, Muschamp executed bond in the sum of two tnousand dollars, payable to Lindheim & Bro., with James Connell and A. L. Coffin as sureties thereon, conditioned that Muschamp should well and truly perform his contract, which was referred to in the condition of the bond.

This suit was brought in the District Court of Val Verde…

2Cases cited1 opinion

  1. Cohen v. MunsonTexas Supreme Court · 1883

3Cited by47 opinions

  1. Behrens Drug Co. v. Hamilton & McCartyTexas Supreme Court · 1898
  2. Lasater v. WaitsTexas Supreme Court · 1902
  3. Duffy v. Cole Petroleum Co.Texas Supreme Court · 1928
  4. Greenville Gas & Fuel Co. v. Commercial Finance Co.Texas Supreme Court · 1927
  5. Nash Engineering Co. v. Marcy Realty Corp.Indiana Supreme Court · 1944

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