Backus v. Feeks

Citations

• 71 Wash. 508
• 129 P. 86
• 1913 Wash. LEXIS 1353

Syllabus

<p>Guaranty — Consideration—Guaranteeing a Voidable Lease. Since an unacknowledged lease for a term exceeding one year, where the tenant takes possession, is good as a lease from month to month until terminated by the statutory notice, it constitutes a sufficient consideration for the obligation of sureties in a bond given by the tenant conditioned that he perform all the covenants, agreements and obligations contained in the lease and save the lessor harmless from all loss by reason of its execution; and the bond guarantees the performance of the terms of the lease as written, since it was not an immoral or illegal contract or against public policy.</p> <p>Guaranty — Liability of Surety. Sureties in a bond, guaranteeing the performance of a contract which is not illegal or immoral, are bound by their guaranty although the contract cannot be enforced against the principal.</p> <p>Frauds, Statute of. The statute of frauds being personal to the debtor, cannot be taken advantage of by sureties who guaranteed the performance of a lease which was voidable under the statute of frauds.</p>