Denny-Renton Clay & Coal Co. v. National Surety Co.

Citations

• 93 Wash. 103
• 160 P. 1
• 1916 Wash. LEXIS 834

Syllabus

<p>Municipal Corporations — Improvements — Contractor’s Bond— Right oe Action — Piling Claim — Time—Acceptance oe Work — Statutes. Where, upon the completion of a city contract, the city engineer furnished a certificate of completion, specifying the amount then due and the ten per cent reserve which would fall due thirty days later under the contract, and on the same day the city council ordered that the same be allowed and a warrant drawn for the amount then due, there was an acceptance of the completed work at that time, without regard to a later “final estimate” and order for a warrant for the final reserve payment; hence a claim upon the contractor’s bond, filed more than thirty days after completion of the work, is too late, under Rem. & Bal. Code, § 1161, providing that there shall be no action on the bond unless the claim is filed within thirty days from the completion of the contract and acceptance of the work.</p> <p>Appeal — Review—Presumptions. Error cannot be assumed on the failure to enter personal judgment against a defendant upon an asserted default, where there is nothing in the record to show that he was personally served or that his default was ever entered.</p>