German-American Title & Trust Co. v. Campbell
German-American Title & Trust Co. v. Campbell
Opinion of the Court
We see no reason to interfere with the discretion of the-learned court below in refusing to open the judgment in tMscase. There is no dispute whatever as to the fact of the breach of Amweg’s contract, and the loss of the plaintiff in its undertaking to complete the performance of his contract for the erection of the buildings in question. It is perfectly clear-upon the testimony that the work done by the plaintiff was. done solely as surety for Amweg, and that it was done with-the full knowledge and consent of the defendant in the present, judgment, who was surety for Amweg to the plaintiff, against-loss by them as such surety. The plaintiff had an undoubted right to enter the judgment before breach, for its own protection, and also to complete the performance of Amweg’s contract, as surety for Mm. We are very clear that the rule to open the-judgment was properly discharged.
Judgment affirmed.
Reference
- Full Case Name
- German-American Title and Trust Company v. Sanford P. Campbell
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Pnnaipal and surety—Judgment—Opening judgment. A trust company became surety on a building contract and took from the defendant a judgment bond against loss as such surety. It immediately entered up the bond, and subsequently, upon failure of the contractor, completed the work with the fall knowledge and consent of the defendant. Held, (1) that the trust company had the right to protect itself by entering the judgment before a breach; (2) that it had the right to complete the contract; (8) that the defendant had no right to have the judgment opened.