Cantara v. Blackwell

Citations

• 14 Wash. 294
• 44 P. 657
• 1896 Wash. LEXIS 362

Syllabus

<p>SUBPARTNERSHIP — EVIDENCE TO ESTABLISH — RIGHTS ACQUIRED UNDER — LACHES.</p> <p>A finding that a contract of partnership in regard to government work was never entered into between plaintiff and defendant is sustained by evidence that defendant wrote an unsigned memorandum agreeing to give plaintiff half the profits received by him from such work, and that a contract in accordance therewith was subsequently prepared, which defendant refused to sign until plaintiff secured bondsmen for defendant according to their original agreement, which plaintiff refused to do.</p> <p>All rights under an agreement by one having a government contract to give another an interest therein on condition that tlie latter should give the former a bond to secure him to a certain extent from loss under the contract, is lost by a delay by the latter to tender a good bond for more than two years after the rejection of an insufficient bond offered by him.</p>