Crawford v. Owens

• Citation: 60 S.E. 236,79 S.C. 59
• Parties: CRAWFORD et al. v. OWENS.
• Decision Date: 08 February 1908
• Court: United States State Supreme Court of South Carolina

60 S.E. 236

79 S.C. 59

CRAWFORD et al. v. OWENS.

Supreme Court of South Carolina

February 8, 1908

Appeal from Common Pleas Circuit Court of Richland County; R Withers Memminger, Judge.

Action by R. B. Crawford and others against S. H. Owens. Judgment for defendant. Plaintiffs appeal. Affirmed.

Frank G. Tompkins, for appellants.

E McClarkson and Jas. S. Verner, for respondent.

JONES J.

The plaintiffs as obligees of a bond under seal brought this action against the defendant as surety for the faithful performance of a contract by J. E. Harmon to erect a dwelling house for plaintiffs. The written contract between Harmon and plaintiffs was executed April 20, 1905, containing specifications, with stipulations as to payment by installments at certain stages of the work. In this contract drawn by plaintiffs Harmon makes reference to his bond, dated April 20, 1905, as binding him in the sum of $2,000 unto the plaintiff, "and secured by _____ and _____ to erect," etc. It appears, however, that in June, 1905 the defendant, Owens, signed the bond in question, and was over objection, permitted to state the circumstances of his signing-that Harmon told him that he had gotten the contract and was going to build a house for plaintiff, who required a bond, and that Harmon wanted him to go on the bond with him, which he did; that he read the bond and supposed there was a second party signing it; that after signing the bond he handed it to Harmon. Harmon delivered the bond to plaintiffs without signing it. Plaintiff R. B. Crawford testified that when Harmon delivered the bond to him he did not know anything about Owens' stipulating when he went on the bond he was to have some one else to go on with him. Upon objection being made to this testimony, the court ruled that it was admissible. The bond in suit is as follows: "Know all men by these present, that we, _____, of the county of Richland, state aforesaid, are held and firmly bound unto _____, of the state aforesaid, in the sum of two thousand 00/100 dollars (2,000.00), good and lawful money of the United States, to be paid to the said Emma A. and R. B. Crawford, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally, by these presents. Sealed with our seal and dated this _____ day of _____, 1905. Whereas the said J. E. Harmon has entered into a certain contract with Emma A. Crawford and R. B. Crawford for building complete with all materials furnished by the said J. E. Harmon, said contract dated April 20th, 1905: Now, therefore, the condition of the said obligation is such that if the said J. E. Harmon shall well and faithfully perform the duties and obligations in and by the terms of the contract according to its true intent and meaning, the above obligation to be void, otherwise to remain in full force and effect. [Signed] S. H. Owens [L. S.] Signed, sealed, and delivered in the presence of."

It was shown that Harmon abandoned the contract before completion of the building after receiving $900...