Legal Opinion

Bird v. American Surety Co. of New York

California Supreme Court

Decided July 11, 1917No. L. A. No. 4006PublishedCited by 22 opinions

CROSS-APPEALS from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. Charles Wellborn, Judge. The facts are stated in the opinion of the court. Gibson, Dunn & Crutcher, and Edward E. Bacon, for Appellants and Respondents Mary E. Bird and R. J. Bird. Bicksler & Smith, and Bicksler, Smith & Parke, for Appellant American Surety Company of New York.

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CROSS-APPEALS from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. Charles Wellborn, Judge. The facts are stated in the opinion of the court. Gibson, Dunn & Crutcher, and Edward E. Bacon, for Appellants and Respondents Mary E. Bird and R. J. Bird. Bicksler & Smith, and Bicksler, Smith & Parke, for Appellant American Surety Company of New York. Frank L. Borden, and M. O. Graves, for Respondent J. E. White & Co. Frank L. Borden, for Respondents Franklin S. Bell and J. H. Southern. Behymer & Craig, for Respondent Frank Graves Sash Door and Mill…

1Opinion of the CourtSloss, J.

The plaintiff, Mary B. Bird, as owner, entered into a contract with E. R. McLure, as contractor, for the erection of a building on said plaintiff’s lot in the city of Los Angeles. The contract price was $7,020, and American Surety Company, as surety, gave a bond in the sum of $3,510 to insure the performance of the contract. McLure commenced work, but did not carry it to completion, and the owner furnished the labor and materials necessary to complete the building. Claims of liens were filed by various persons asserting that they had furnished labor or materials to the contractor, and actions…

2Cases cited11 opinions

  1. Tally v. GanahlCalifornia Supreme Court · 1907
  2. Greig v. RiordanCalifornia Supreme Court · 1893
  3. Roystone Co. v. DarlingCalifornia Supreme Court · 1915
  4. Hampton v. ChristensenCalifornia Supreme Court · 1906
  5. John A. Roebling's Sons Co. v. Humboldt Electric Light & Power Co.California Supreme Court · 1896

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

3Cited by22 opinions

  1. Cates Construction, Inc. v. Talbot PartnersCalifornia Supreme Court · 1999
  2. Culbertson v. CizekCalifornia Court of Appeal · 1964
  3. Bohman v. BergCalifornia Supreme Court · 1960
  4. Yoakam v. HoganCalifornia Supreme Court · 1926
  5. Simons Brick Co. v. HetzelCalifornia Court of Appeal · 1925

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

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