Kiessig

Kiessig v. Allspaugh

Good Law
1891 Cal. LEXIS 1076·91 Cal. 234·27 P. 662
Supreme Court of CaliforniaSeptember 16, 1891No. 14325California947 words

Opinion

Lead Opinion

Haven, J.

On October 14, 1887, the plaintiff and the defendants Allspaugh and Hall entered into a contract whereby said-named defendants agreed to construct a house for the plaintiff, and furnish all materials therefor, and on the following day, and before the commencement of work under the building contract, they executed to plaintiff a bond, with sureties, in these words: “ Be it remembered, that whereas, on the fourteenth day of October, 1887, Charles Kiessig, a resident of the said state and city, and A. M. Allspaugh and M. S. Hall, contractors and builders, also residents of said state and city, entered into a contract whereby, for a certain valuable consideration, the said A. M. Allspaugh and M. S. Hall, *236 builders and contractors, have to build, construct, and finish a certain house, as is more fully set out and described in the contract, plans, and specifications signed and entered into on the day and year first aforesaid, all of which said contract, plans, and specifications are made a part hereof, — now, therefore, we, A. M. Allspaugh and M. S. Hall as principals, and H. V. Poser and N. P. Lundeen as sureties, bind ourselves, our heirs, executors, and successors, in the sum of…

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