Eilers Music House v. Hopkins

Citations

• 73 Wash. 281
• 131 P. 838
• 1913 Wash. LEXIS 1592

Syllabus

<p>Principal and Surety — Notice of Default — -Waiver. Failure to give notice of default, within the time required in a surety bond guaranteeing a building contract, is waived, where no prejudice from the delay appears, and, when notice was given to the general agent who executed the bond, he instructed the obligee to complete the work at the expense of the surety company.</p> <p>Same — Conditions of Contract — Limitations—Waiver. A surety company cannot assert that suit on the bond was not commenced within the time limited in the bond, where the action was delayed at its request.</p> <p>Same — Conditions of Contract — Payments—Waiver. A surety company cannot assert that it was injured by a payment to the contractors after they had defaulted, where the sum was paid to the receiver of the contractors at the request of the surety company.</p> <p>Interest — Accrual—Commencement of Action. Interest is recoverable, in an action on a surety bond, guaranteeing a building contract, from the time the suit was filed.</p>