Crane v. Buckley, 203 U.S. 441 (1906)

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Crane v. Buckley

No. 68
Argued October 25, 1906
Decided December 3, 1906
203 U.S. 441

ERROR TO THE CIRCUIT COURT OF

APPEALS FOR THE NINTH CIRCUIT

Syllabus

dg:syll*

Syllabus

The obligation of sureties upon bonds is strictissimi juris, and not to be extended by implication or enlarged construction of the terms of the contract entered into.

Sureties on a supersedeas bond given by defendant to answer, in case of his failure to prosecute his appeal to effect, to plaintiff for loss in use and possession of premises which, under decree of circuit court, plaintiff was entitled to reenter on a date therein specified in default of payment by defendant of balance of purchase price held not liable on the bond where the circuit court of appeals affirmed the decree as to plaintiff’s right to reenter in case of nonpayment, but modified it by giving defendant until a later date to make the final payment, thereby also extending his right of possession until that date.

The facts are stated in the opinion.