Crane Co. v. Pacific Heat & Power Co.

Citations

• 36 Wash. 95
• 78 P. 460
• 1904 Wash. LEXIS 522

Syllabus

<p>Principal and Surety — Application of Payments — School Building Contract — Indemnity—Surety When not Bound by Application. Where a surety company guarantees the faithful performance of a school building contract, pursuant to the statute for the benefit of laborers and material men, and' the contractor pays the money received from the school district to a party who furnished material for the building, and to whom the contractor was indebted, also, upon an older unsecured account, the surety is not bound by an application of the school money to the old account, but is entitled to have the same applied on the school contract in discharge of its liability.</p> <p>Appeal and Error — Briefs—Stipulation—Assignment of Errors. A stipulation that appellant might file a supplemental brief “citing additional points and authorities,” ■ is not intended to authorize a new assignment of error, and the same will not be considered.</p>