Green Bay Lumber Co. v. Independent School Dist. of Ode

• Decision Date: 31 October 1903
• Citation: 97 N.W. 72,121 Iowa 663
• Parties: GREEN BAY LUMBER CO., Appellant, v. INDEPENDENT SCHOOL DISTRICT OF ODEBOLT, IOWA, Defendant, AND FARMERS' LUMBER AND COAL COMPANY, ST. JOHN & BARQUIST, GEORGE LESHER AND GEORGE SMITH, Cross Petitioners, Appellants
• Court: Iowa Supreme Court

97 N.W. 72

121 Iowa 663

GREEN BAY LUMBER CO., Appellant, v. INDEPENDENT SCHOOL DISTRICT OF ODEBOLT, IOWA, Defendant, AND FARMERS' LUMBER AND COAL COMPANY, ST. JOHN & BARQUIST, GEORGE LESHER AND GEORGE SMITH, Cross Petitioners, Appellants

Supreme Court of Iowa, Des Moines

October 31, 1903

Appeal from Sac District Court.--HON. Z. A. CHURCH, Judge.

ON the 7th day of July, 1899, C. H. Weaver entered into a contract with the independent district of Odebolt to "provide all the materials and perform all the work mentioned in the specifications or shown in the drawings" of the architects in the construction of a school house. To insure compliance therewith, he executed a bond running to the district, with appellants as sureties, with the condition that if "the said C. H. Weaver fully complies with all the requirements of the said contract and shall build said school house and shall furnish the materials for the same and all labor necessary for the full completion and carrying out of said contract, and shall deliver to said Independent School District of Odebolt, Iowa said school house and accompaniments completely finished and in perfect shape and condition according to said contract and the specifications and drawings and all changes and additions and subtractions made thereto free from any liens or claims of any kind, on or before the first day of December, A. D. 1899, and if the said obligors shall pay all damages and expenses and make good all sums of money that may be incurred by the Independent School District of Odebolt, Iowa by reason of any defects in the materials or workmanship in the erection of the said building, and shall pay to the said Independent School District of Odebolt, Iowa any and all sums of money for which the said C. H. Weaver may, in any way, become liable to the Independent School District of Odebolt, Iowa by reason of his foregoing contract with the said Independent School District or any nonfulfillment thereof; and shall pay any sum of money that the said Independent School District of Odebolt, Iowa may be compelled to pay to remove any liens, or encumbrances or claims of any kind against said building, or which may be claimed against the Independent School District of Odebolt Iowa and shall pay any and all expenses that the said Independent School District of Odebolt, Iowa may incur or be compelled to pay by reason of the nonfulfillment of the said contract of the said C. H. Weaver, then this obligation to be void, otherwise to be in full force or effect." The plaintiff and cross petitioners furnished Weaver materials and labor which went into the building, in the execution of this contract, and, in their respective petitions, prayed judgment thereon against the sureties on the bond. The sureties demurred on the ground that the bond was executed solely for the benefit of the district. The demurrer was sustained, and, as plaintiff and interveners elected to stand on the ruling, their petitions were dismissed, and they appeal.

Affirmed.

C. C. & C. L. Nourse for appellant Green Bay Lumber Company.

Shaw Sims & Kuehnle for appellant Farmers' Lumber & Coal Company.

Chas. S. Macomber and St. John & Stevenson for appellants St. John & Barquist.

W. A. Helsell for appellee Independent School Dist. of Odebolt.

Will E. Johnston for appellees Weaver and others.

LADD J. SHERWIN, J., DEEMER, J., dissenting.

OPINION

LADD, J.

The sole question on this appeal is whether the bond executed by the contractor to the school district was also intended for the benefit of sub-contractors furnishing labor and materials. If not so intended, the sureties are not liable and the demurrer was properly sustained. It will be observed that the contract merely required Weaver to provide materials and perform the labor, but contains no stipulation in relation to the payment therefor by him. A condition for compliance therewith imposed on the bondsmen no liability to the subcontractors. Noyes v. Granger, 51 Iowa 227, 1 N.W. 519; Puget Sound...