Wyandotte Coal & Mining Co. v. Wyandotte Paving & Construction Co.

Citations

• 97 Kan. 203
• 154 P. 1012
• 1916 Kan. LEXIS 263

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Paving Contracts — Application of Payments by Debtor and Creditor — Surety May Not Control. Third persons, such as guarantors, sureties, indorsers, and the like, secondarily liable on one of several debts, can not control the application which either the debtor or the creditor makes of a payment, and neither the debtor nor the creditor need apply the payment in the manner most beneficial to such persons.</p> <p>2. Surety Company — Actions for Paving Materials — Amount of Judgments — Evidence Supports Findings. A surety company guaranteed payment for materials used by a construction company in paving certain streets, another construction company, with the same officers and the same general manager, had a contract for paving certain other streets, and each, company purchased its materials from plaintiff. Held, that the evidence is sufficient to support a finding that certain checks signed by the first construction company and delivered to plaintiff by the manager of both companies, with direction to credit the same to the account of the second company, were properly applied as directed, and that under the circumstances in evidence the surety company can not complain.</p>