Crane Co. v. United States Fidelity & Guaranty Co.

Citations

• 74 Wash. 91
• 132 P. 872
• 1913 Wash. LEXIS 2003

Syllabus

<p>Mechanics’ Liens — Contractor’s Bond — Liability — Goods Returned. A contractor’s liability upon an indemnity bond given pursuant to Rem. & Bal. Code, § 1159, conditioned to pay all laborers or materialmen “all just debts, dues and demands incurred in the performance of the work” is not dependent upon his right to claim a lien under Id., § 1129; hence extends to materials ordered and sold in good faith but not actually used, where no right was reserved to return goods not actually used.</p> <p>Payment — Application—Secured Debts. Where a contractor has an open account with a materialman for goods supplied for various jobs, payments made without any directions as to their application may be applied by the materialman as he sees fit, and need not be applied to a debt secured by an indemnity bond.</p>