Legal Opinion

Growall v. Pacific Surety Co.

California Court of Appeal

Decided February 13, 1913No. Civ. No. 1134PublishedCited by 13 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order refusing a new trial. James M. Troutt, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHall, J.

Plaintiff recovered judgment against defendant upon a bond given by defendant to secure the faithful performance by one Evans of a contract to erect a building for plaintiff. Defendant moved for a new trial, which being denied defendant appealed to this court both from the judgment and the order.

The building contract was in all respects valid, and was duly filed in the recorder’s office.

Evans, the contractor, abandoned the contract before completion, and plaintiff completed the building according to the original plans and specifications. By this action he sought to recover the excess in the…

2Cases cited5 opinions

  1. Hoffman-Marks Co. v. SpiresCalifornia Supreme Court · 1908
  2. Marshall v. Vallejo Commercial BankCalifornia Supreme Court · 1912
  3. Alcatraz Etc. Assn. v. U.S. F. Etc. Co.California Court of Appeal · 1906
  4. Alcatraz Masonic Hall Ass'n v. United States Fidelity & Guaranty Co.California Court of Appeal · 1906
  5. H. Raphael Co. v. GroteCalifornia Supreme Court · 1908

3Cited by13 opinions

  1. Associated Lathing & Plastering Co. v. Louis C. Dunn, Inc.California Court of Appeal · 1955
  2. Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
  3. Benson v. AndrewsCalifornia Court of Appeal · 1955
  4. Cohn v. SmithCalifornia Court of Appeal · 1918
  5. Fuqua v. Tulsa Masonic Bldg. Ass'nSupreme Court of Oklahoma · 1928

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