43 Neb. 649 | Neb. | 1895
This was an action by the plaintiff in error in the district court for Lancaster county, against W. H. B. Stout,
It was stipulated in the contract that Stout should receive eighty-five per cent of the amount earned thereunder, payable on monthly estimates of the superintendent of construction ; also, “ that in each case of payment a certificate shall be obtained by the contractor from the clerk of the ■county, signed and sealed by said clerk, that he has carefully examined the records, and finds no liens or claims recorded against said work, or on account of said contractor. Neither shall there be any legal or lawful claims against the contractor in any manner from any source whatever for work or material furnished on said work.” In Lyman v. City of Lincoln, 38 Neb., 794, the undertaking of the sureties was that “the contractors shall file with the board of public works receipts of claims from all parties furnishing materials and labor in the construction of said engine houses,” and which was construed as a promise on the part of the obligors that the principal would satisfy the claims of laborers and material-men. In Sample v. Hale, 34 Neb., 220, it was said that the state, when engaged in ¡the construction of public buildings, is chargeable with a
Reversed and remanded.