Rohman v. Gaiser

• Decision Date: 19 January 1898
• Citation: 73 N.W. 923,53 Neb. 474
• Parties: ROHMAN v. GAISER.
• Court: Nebraska Supreme Court

53 Neb. 474

73 N.W. 923

ROHMAN

v.GAISER.

Supreme Court of Nebraska.

Jan. 19, 1898.

Syllabus by the Court.

1. A provision in a contract between the state and a person contracting with it for the erection of a public building is valid which imposes on the contractor the duty of paying for material furnished and used in the erection of such building.

2. Statements in the answer construed in connection with an allegation of the petition, and held to import an admission of the delivery of the material for the price of which this suit was brought.

3. One not a party to a contract may maintain an action thereon, when such contract was made for his benefit or the benefit of a class to which he belongs.

Error to district court, Lancaster county; Tibbets, Judge.

Action by William Gaiser against Charles H. Rohman. Plaintiff had judgment, and defendant brings error. Affirmed.Daniel F. Osgood, for plaintiff in error.

B. F. Johnson, for defendant in error.

SULLIVAN, J.

This action was brought to recover a balance alleged to be due the defendant in error for material furnished to John Lanham, and used by him in the erection of a chapel and dormitory for the Home for the Friendless at Lincoln. The action was upon a bond to the board of public lands and buildings, executed by Lanham as principal, and J. C. McBride and the plaintiff in error as sureties. Said bond was conditioned as follows: “The condition of this obligation is such that, whereas, the above bounden John Lanham has been awarded a contract to build, erect, construct, and complete a chapel and dormitory for the Home for the Friendless, located at Lincoln, Lancaster county, Nebraska; and, whereas, the said John Lanham has agreed to furnish all work, labor, and materials necessary for the building, erecting, and completing of said chapel and dormitory, and has agreed to settle and pay in full for all work and labor performed, and has agreed to settle for and pay all material men for any and all material actually furnished in the erecting, constructing, building, and completing said chapel and dormitory: Now, therefore, if the said John Lanham shall well and truly keep and perform each and every covenant, stipulation, and agreement contained in said contract, and according to the plans and specifications on file in the office of the commissioner of public lands and buildings, and shall pay in full for all work done and labor performed, and shall pay all laborers' and mechanics' wages, and shall settle in full and pay for all material actually furnished in the constructing, erecting, and completing said chapel and dormitory of the Home for the Friendless, according to the terms of the contract, then this obligation to be void; otherwise, to remain in full force and effect. John Lanham. J. C. McBride. Charles H. Rohman.” There was a trial in the district court, which resulted in a verdict and judgment for...