Legal Opinion

D. L. Wells & Co. v. Mehl

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 9 opinions

Error from Marion District Court. ACTION brought by Mehl against D. L. Wells & Co., upon an account for beef. Trial at the October Term, 1880, of the district court, and judgment for the plaintiff for $488.28 and costs. The defendants bring the case to this court. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

D. L. Wells & Co. were the contractors for the construction of the Marion & McPherson railroad; Sel-den & Kelley were sub-contractors under them for laying the track; Brown & Howell kept a boarding train for boarding the men engaged in track-laying. The defendant in error (plaintiff below) furnished meat for use on the boarding train. Wells & Co. had given a bond under § 35, ch. 84, Comp. Laws 1879, to protect laborers, etc. This action was on that bond.

An important question is as to the scope of that bond. It was conditioned as required by…

2Cases cited6 opinions

  1. Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
  2. M. K. & T. Railway Co. v. BakerSupreme Court of Kansas · 1875
  3. Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1857
  4. Lobenstein v. PritchettSupreme Court of Kansas · 1871
  5. Kent v. . the New-York Central Railroad Co.New York Court of Appeals · 1855

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3Cited by9 opinions

  1. Griffith v. StuckerSupreme Court of Kansas · 1913
  2. Indiana Limestone Co. v. CuthbertSupreme Court of Kansas · 1928
  3. Gilmore v. WestermanWashington Supreme Court · 1896
  4. Hansen v. RemerSupreme Court of Minnesota · 1924
  5. Wiss v. Royal Indemnity Co.Missouri Court of Appeals · 1926

4 more not listed; retrieve them via the Exa API.

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