Swasey v. Doyle
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. PembrooTe B. Filter wft, Judge. STATEMENT OE THE CASE. This is an action on a builder’s bond. The American Bonding and Trust Company, the surety on the bond, filed a separate demurrer to the petition, assigning as grounds of demurrer that the allegations showed affirmatively that the plaintiff had no cause of action against it.
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Appeal from St. Louis City Circuit Court. — Hon. PembrooTe B. Filter wft, Judge. STATEMENT OE THE CASE. This is an action on a builder’s bond. The American Bonding and Trust Company, the surety on the bond, filed a separate demurrer to the petition, assigning as grounds of demurrer that the allegations showed affirmatively that the plaintiff had no cause of action against it. The petition is as follows: “Plaintiff, for his second amended petition, states that defendant, the American Bonding and Trust Company, of Baltimore City, is a corporation duly organized under the laws of the State of…
1Opinion of the CourtGoode, J.
While the contract of a surety must be construed like any other, in order to ascertain its meaning, the doctrine is trite that he has the right to stand on the very terms of the agreement as thus ascertained, and if it be altered without his consent, he is discharged. Interpreting the allegations of the petition in the best possible light for the plaintiff, and deducing all the inferences from it in his favor we can, the case stated is, that he was at liberty to make any deviations or alteration in the plan, form or construction of the brickwork which Doyle was to furnish the material for and…
2Cases cited3 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Warden v. RyanMissouri Court of Appeals · 1889
- State ex rel. Vickery v. WoffordSupreme Court of Missouri · 1894
3Cited by3 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1907
- Martin v. WhitesMissouri Court of Appeals · 1907