Smith v. Easter

Citations

• 101 Kan. 245
• 166 P. 510
• 1917 Kan. LEXIS 64

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1-. Building Contract — Indemnity Bond — Real Party Contracting. C. E. Easter contracted under the name of C. E. Easter & Co. to build a residence for F. H. Woodbury, and gave bond signed by C. E. Easter & Co., C. E. Easter, R. H. Agard, and The United States Fidelity & Guaranty Company. Held, that the bond was the bond of C. E. Easter.</p> <p>2. Same — Indemnity Bond — Surety’s flame Not Recited in Bond — Liability of Such Surety. In the bond described in the first paragraph of this syllabus, C. E. Easter & Co. was named as principal and The United States Fidelity & Guaranty Company as surety. The name of R. H. Agard was not recited in the bond. Held, that R. H. Agard was a surety on the bond.</p> <p>3. Appeal — Cause Reversed with Directions'to Trial Court. Under the circumstances disclosed in the opinion, and to prevent an injustice being done, the judgment of the trial court is reversed, and that court is directed to ascertain certain facts and to render judgment accordingly.</p>