State v. Cornwall
Oregon Supreme Court
From Yamhill: H. H. Belt, Judge. Department 1. In May, 1919, the state highway commission decided to grade and macadamize the Newberg-West Dayton section of the West Side Highway in Yamhill County. On May 27, 1919, the state highway commission entered into a written contract with E. E. Cummins to do the work.
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From Yamhill: H. H. Belt, Judge. Department 1. In May, 1919, the state highway commission decided to grade and macadamize the Newberg-West Dayton section of the West Side Highway in Yamhill County. On May 27, 1919, the state highway commission entered into a written contract with E. E. Cummins to do the work. In compliance with the terms of the agreement, E. E. Cummins gave a bond to the State of Oregon in the sum of $19,246.50, signed by himself as principal, and by his father S. E. Cummins, and W. T. Yinton, as sureties. The bond is conditioned on the faithful performance of the contract,…
1Opinion of the CourtBean, J.
At the commencement of the trial counsel for plaintiff moved the court for an order requiring defendants to elect whether they relied upon the bond given by Cornwall with Suetter as surety *228to E. E. Cummins, or upon the assignment of the contract made by George Cornwall to Philip Suetter. The motion was denied by the court, and plaintiff assigns such ruling as error.
1. It is contended upon behalf of plaintiff that the contract of assignment is inconsistent with the contractual liability of Suetter to the defendants on account of having signed the bond. It is practically conceded that the…
2Cases cited12 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Ausplund v. &198tna Indemnity Co.Oregon Supreme Court · 1905
- Derby v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1917
- American Bonding Co. v. Regents of UniversityIdaho Supreme Court · 1905
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