Beebe v. Redward

Citations

• 35 Wash. 615
• 77 P. 1052
• 1904 Wash. LEXIS 487

Syllabus

<p>Evidence — Payment—Receipts—Sufficiency of Objections. An objection to the admission in evidence of receipts signed by judgment creditors acknowledging payment of tbeir judgments, on the ground that such receipts did not show payment, is not sufficient to raise the point that there was no proof of execution or authentication, and the same will not be considered on appeal.</p> <p>Same — Writings—Inspection and Copy Before Trial. The failure to offer an inspection and serve a copy of a writing, before trial, is not a valid objection to the writing as evidence, under Bal. Code, § 6048, since that section merely provides that such inspection and copy shall dispense with proof of execution and genuineness in case it is not denied by affidavit.</p> <p>Indemnity — Building Contract — Action on Bond — Accrual— Limitations — Date of First Breach — Delay in Completion of Building — Breach Waived by Owner. Where an indemnity bond guaranteeing a building contract provided that actions thereon must be instituted within six months after the first breach of the contract, which called for the completion of the building in August, 1901, and the owner accepted the building upon its completion in December, 1901, the company cannot claim that the right of action accrued in August and was barred six months thereafter, since the owner waived that breach by accepting the building, and the surety cannot complain of the waiver of any breach of the contract or departure therefrom that does not operate to its prejudice.</p> <p>Same — Mechanics’ Liens as Breach of Contract — Waiver by Owner. Where an indemnity bond guarantees the performance of a building contract in which the contractor agrees to furnish all the material, the owner is not obliged to treat the filing of a mechanics’ lien as a breach of the contract, and assume the burden of establishing the lien; but he may waive the same until it is established by a court of competent jurisdiction, in which case his right of action on the