Fullerton Lumber Co. v. Gates
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson,. Judge. (1) The sureties were released in this case because the owner terminated the contract in a manner other than as provided by the contract. The sureties had the right to insist that they were bound to the extent, in the manner and under the circumstances pointed out in the contract, and no further. Simonson v. Grant, 36 Minn. 442; Warden v. Ryan, 37 Mo.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson,. Judge. (1) The sureties were released in this case because the owner terminated the contract in a manner other than as provided by the contract. The sureties had the right to insist that they were bound to the extent, in the manner and under the circumstances pointed out in the contract, and no further. Simonson v. Grant, 36 Minn. 442; Warden v. Ryan, 37 Mo. App. 466. (2) That portion ,of the contract which prescribed how the contract should be terminated, was for the protection of the owner, and being for the owner’s .protection is…
1Opinion of the CourtEllison, J.
Defendant Gates was the contractor to erect a building for defendant, Mrs. Harrison. Plaintiff furnished material to Gates for the building and seeks now to enforce a mechanic’s lien against the property for $832.06. Gates gave a bond for the faithful performance of his contract-according to specifications, and plaintiffs were his sureties on this bond. Gates made no defense, and personal judgment was rendered against him for the amount claimed. Mrs. Harrison defended by asking an allowance for damages for certain violations of the contract by Gates, claiming that plaintiffs were liable for…
2Cases cited10 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Beers v. WolfSupreme Court of Missouri · 1893
- Eldridge v. FuhrMissouri Court of Appeals · 1894
- White v. San Rafael & San Quentin RailroadCalifornia Supreme Court · 1875
- Sexton v. County of CookIllinois Supreme Court · 1885
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3Cited by13 opinions
- Ward v. NoldeSupreme Court of Missouri · 1914
- U. S. Fidelity & Guaranty Co. v. Henderson CountyTexas Commission of Appeals · 1925
- Rule v. AndersonMissouri Court of Appeals · 1911
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Doyle v. FaustMichigan Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.