54 Minn. 355 | Minn. | 1893
The defendants Fagan and Cleveland are sued as the sureties of defendant Dahl in a certain bond, in and by which they undertake, upon the consideration recited, that the defendant Dahl, as principal, shall pay and discharge all claims for labor employed or material furnished in the construction of certain buildings on the premises described in the complaint. Their defense, which prevailed in the trial court, is that set up in the answer of these sureties, viz.: “That at the execution of said bond, of which said ‘Exhibit A’ is a copy, it was mutually agreed by and between all parties to this action, and said bond
Order affirmed. ■