167 Mo. App. 579 | Mo. Ct. App. | 1912
A rehearing was granted in this case on the alleged ground that the opinion erred in stating, as a fact, that the bogus contract was executed before the delivery of the bond. In our opinion the evidence, reasonable inferences to be drawn therefrom, and the circumstances, justify that statement.
But the contract presents other considerations which lead to an affirmance. Plaintiffs concede that Campbell, the contractor, could not get a bond from defendant on what is called the genuine contract and
The bond with which it is claimed defendant empowered the contractor to deceive plaintiffs, stated on its face that it was to secure a contract “a copy of which is hereto attached and hereby referred to and made a part hereof, as fully and to the same extent as if copied at length herein.” The fact that it did not have any contract attached should have put plaintiffs on their guard. Their act was in the nature of an acceptance of a forged instrument. Again the bond recited that “the full amount of the contract price to be paid by the obligee to the principal shall be payable and paid in cash and not otherwise. ’ ’ To allow plaintiffs to successfully maintain a position of estoppel against defendant in the face of these facts would be gross injustice.
The judgment is affirmed.