Crane Co. v. Aetna Indemnity Co.

Citations

• 43 Wash. 516
• 86 P. 849
• 1906 Wash. LEXIS 740

Syllabus

<p>Pleadings — Demurrer—Waiver. Where a demurrer challenging the sufficiency of the complaint-is made and expressly waived, the objection cannot he raised at the trial by objection to the introduction of any evidence.</p> <p>Same — Trial—Motion eor Nonsuit — Waiver. The waiver of a demurrer to the complaint waives the right to question the sufficiency of the complaint on appeal, hut it does not waive the right to question the sufficiency of the evidence by motion for a nonsuit.</p> <p>Schools and School Districts — Contractors—Action by Materialmen — Filing Notice. Materialmen who furnish material to a contractor upon a school building cannot maintain an action upon the contractor's statutory bond, required by Laws 1899, p. 172, unless notice be-filed with the school hoard as required by such statute; since such notice is for the benefit of the sureties.</p> <p>Same — Excuse eor Failing to File Notice. Failure of the school district to file with the county auditor the bond required by Laws 1899, p. 172, does not relieve the contractor from filing the notice of his claim with the school hoard, in order to hold the sureties on the bond, when it is not shown that the contractor had no knowledge of the existence of the bond.</p>