Bird v. Steele

Citations

• 74 Wash. 68
• 132 P. 724
• 1913 Wash. LEXIS 2000

Syllabus

<p>Husband and Wife — Community Debts — Indemnity—Nature of Wife’s Obligation. Where a mortgage was given by a husband and wife upon community property as security for the performance of a building contract entered into by the husband and his copartner, the debt was prima facie a community debt, and the obligation assumed by the wife is direct and not collateral.</p> <p>Contracts — Evidence of Damage — Certificate of Arbitrator. Where a building contract provided that if the building was completed by the owner, the affidavit of the auditor as to the cost thereof shall be taken as final between the parties, the affidavit is admissible to prove the amount of the owner’s damages.</p> <p>Mortgages — Indemnity Mortgages — Foreclosure—Parties—Necessary Parties. The foreclosure of an indemnity mortgage given by one of two partners, who was liable for the whole debt, will not be defeated for lack of parties after the debt was proven, the mortgage admitted, and no demand made that the partner be brought in as an additional party.</p>