Drumheller v. American Surety Co. of New York

Citations

• 30 Wash. 530
• 71 P. 25
• 1902 Wash. LEXIS 719

Syllabus

<p>APPEAL-BEIEFS-STATEMENT OF CASE.</p> <p>Where appellant states in his brief the essential facts of the case, although not at the beginning, and makes reference to the place in the record where they can be found, it is a sufficient compliance with rule 8 of the supreme court, which provides that “briefs shall contain a clear statement of the case, so far as deemed material by the party, with reference to the pages of the transcript for verification.”</p> <p>BUILDING CONTRACT — -ALTERATIONS LIABILITY OF SURETIES.</p> <p>Where a building contract contemplates the possibility of changes in the plans and specifications, a surety upon the bond of the contractor must be regarded as having consented in advance to alterations in the contract and cannot escape liability on the ground of alterations having been made without the express consent of the surety.</p> <p>SAME-MAKING OWNER A SUB-CONTRACTOR-EFFECT.</p> <p>A surety on a building contract cannot complain that the contractor permitted the obligees to construct a portion of the work and deduct the value thereof from the contract price, when the contract itself contemplated that a portion of the work might be performed by sub-contractors, and the obligees merely occupied that relation toward the contractors.</p> <p>sam:e.</p> <p>A provision in a building contract that there shall be no alterations made except upon the written order of the architect relates solely to changes in the work shown on the drawings and specifications and not to changes in the employment of the men engaged in performing the work.</p> <p>SAME-LIQUIDATED DAMAGES-SUBMISSION OE CLAIM TO ARCHITECT.</p> <p>The provision of a building contract requiring disputes as to claims for damages to be submitted to the architect, or to arbitrators, has no application to another provision providing liquidated damages for failure to complete the building within a stipulated time.</p> <p>INSTRUCTIONS —■ COMMENT ON EVIDENCE.</p> <p>When references to the evidence, m