Robinson v. Ortiz

Citations

• 29 Del. 370
• 6 Boyce 370
• 100 A. 408
• 1917 Del. LEXIS 9

Syllabus

<p>1. Bonds—Sealed Instruments—Right to Sue.</p> <p>In general, no one can sue on a sealed instrument but a party to it.</p> <p>2. Bonds—Sealed Instruments—Intent.</p> <p>The expressed intention in a sealed instrument with respect to the question who shall be considered parties prevails over any implied intention that the instrument was given for the benefit of another.</p> <p>3. Estoppel—Estoppel by Deed—Right to Urge.</p> <p>An estoppel by deed as a sealed instrument of suretyship is operative only between the parties to the deed and their privies, and a stranger to the instrument cannot invoke the estoppel.</p> <p>4. Mechanics' Liens—Subcontractors—Liens.</p> <p>When a subcontractor as a surety executed a bond given by the contractor conditioned that the contractor would comply with the contract, which provided that he should furnish all material and perform all work according to specifications and furnish a satisfactory release of any lien before final settlement should be made, the owner being entitled to retain out of the amount due a sufficient sum to indemnify himself against liens, etc., the subcontractor, the bond not providing specifically against liens, may, despite his obligation as a surety, perfect a lien against the property.</p>