Brown's Executors v. Farnandis

Citations

• 27 Wash. 232
• 67 P. 574
• 1902 Wash. LEXIS 382

Syllabus

<p>BUILDING CONTRACTS-ALTERATIONS-VALUE-INVALIDITY OF AWARD.</p> <p>In an action on a building contractor’s bond to recover the amount the owner was compelled to pay to avoid mechanics’ liens, in which the contractor set up the.defense that he had not been paid for alterations and additions made outside of the original contract, it was not error to permit evidence of the value of such additions, although the matter had once been submitted to arbitration, where it appeared that the .award had been made without hearing the parties thereto in the presence of one another and without passing upon the merits of the dispute between uiem.</p> <p>SAME.</p> <p>Under a building contract providing that the value of the work- added or omitted on account of alterations should be computed by the architect, and the amount added to or deducted from the contract price, and in case of dissent therefrom the valuation thereof should be referred to arbitrators, the fact that the contractor did not object when first informed of the architect’s computation would not justify arbitrators to whom the matter was subsequently referred in refusing to pass upon the merits, since he had a reasonable time in which to object in view of the silence of the contract on the question of tne time of raising objections.</p> <p>APPEAL — SUFFICIENCY OF EVIDENCE.</p> <p>The verdict of the jury in favor of a building contractor will not be disturbed because of the fact that one of the items in a written statement of account between him and the owner was not proven, thereby throwing the balance as shown in the statement in favor of the owner, when there is oral testimony before the jury explaining the charges and credits in the statement, and working out a balance in the contractor’s favor, notwithstanding the eliminated item.</p>