School District No. 6 v. Smith
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is an action by School District No. 6, of Wallowa County, Oregon, for the use and benefit of The Central Door & Lumber Company, a corporation, against Bert Elton Smith, Chas. Rice; H. D. Akins, J. M. Thompson, W. T. Mahon, A. F. Sheets, J. W. Isley, M. V. Knight, A. H. Rudd, T. T. Tucker and George Houser.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is an action by School District No. 6, of Wallowa County, Oregon, for the use and benefit of The Central Door & Lumber Company, a corporation, against Bert Elton Smith, Chas. Rice; H. D. Akins, J. M. Thompson, W. T. Mahon, A. F. Sheets, J. W. Isley, M. V. Knight, A. H. Rudd, T. T. Tucker and George Houser. The facts as disclosed by the record are as follows: In May, 1910, the defendant Smith entered into a contract with the directors of School District No. 6 for the construction of a school building, and gave the…
1Opinion of the CourtJustice McBride
1. The conditions of the bond are for the individual liability of Smith, and not for the liability of a firm of which Smith was a member. The bond, being statutory, should be strictly construed, and sureties thereon have a right to demand that plaintiff shall bring itself fairly within its terms. Faurote v. State, 110 Ind. 468 (11 N. E. 472; State v. Hinsdale-Doyle Granite Co., et al., 117 Ind. 476 (20 N. E. 437).
“A rule never to be lost sight of in determining the liability of a surety or guarantor is that he is a *588favorite of the law, and has a right to stand upon the strict terms of his…
2Cases cited2 opinions
- Faurote v. State ex rel. GordonIndiana Supreme Court · 1887
- State ex rel. Price v. Hinsdale-Doyle Granite Co.Indiana Supreme Court · 1889
3Cited by2 opinions
- Clatsop County v. FeldschauOregon Supreme Court · 1921
- School District No. 45 v. HallockOregon Supreme Court · 1917