Legal Opinion

Wehr v. German Evangelical Lutheran Saint Matthew's Congregation

Court of Appeals of Maryland

Decided June 19, 1877PublishedCited by 9 opinions

Appeals from the Superior Court of Baltimore City. These actions were instituted upon a bond given by the appellants to the appellee, to secure the performance by Siegman and Jones, contractors, of a contract entered into by them for the building of a church for the appellee, and to indemnify the appellee for any lien claims which might be-asserted against the building, by reason of the failure of the contractors to discharge them.

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Appeals from the Superior Court of Baltimore City. These actions were instituted upon a bond given by the appellants to the appellee, to secure the performance by Siegman and Jones, contractors, of a contract entered into by them for the building of a church for the appellee, and to indemnify the appellee for any lien claims which might be-asserted against the building, by reason of the failure of the contractors to discharge them. Siegman and Jones contracted to build the church for $35,235, according to specifications and drawings to be furnished by the architects, Messrs. Lupus and Boby,…

1Opinion of the CourtAlvey, J.

When the case of Heise & Company, and others, against the present appellees was before this Court at the October Term, 1875, reported in 44 Md., we declined passing upon the question, then discussed by counsel, as to whether the sureties in the bond of Siegman & Jones, the contractors, were discharged by reason of the facts there alleged ; those facts depending as they did upon a conflict of evidence. We declined deciding the question, supposing it to he more appropriate that the conflicting evidence should be passed upon by a jury; and there was also the further reason, that all the parties…

2Cases cited2 opinions

  1. Miller v. StewartSupreme Court of the United States · 1824
  2. Mayhew v. BoydCourt of Appeals of Maryland · 1853

3Cited by9 opinions

  1. Silverberg v. SilverbergCourt of Appeals of Maryland · 1925
  2. United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
  3. Trustees of Seventh Baptist Church v. Andrew & ThomasCourt of Appeals of Maryland · 1911
  4. McMullen v. United StatesCourt of Appeals for the Ninth Circuit · 1909
  5. State v. Hudson Paving & Construction Co.West Virginia Supreme Court · 1922

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