Esmond v. Gillies Logging & Mercantile Co.

Citations

• 36 Wash. 499
• 78 P. 1016
• 1904 Wash. LEXIS 582

Syllabus

<p>Contracts — Agreement for Security of Parties Furnishing Supplies to Logging Camp — Construction. Where plaintiffs furnished supplies to a logger, cutting timber upon the lands of, and under contract with, the defendant company, until about two thousand dollars was due them, when, for the purpose of security, a written agreement was entered into whereby the logger authorized the defendant company to pay the “labor claims incurred” in cutting “said timber,” and certain other specified amounts, and authorized the payment of any balance, due the logger under the contract, to the plaintiffs from month to month, until their claims were paid, the deduction for the labor claims is not to be confined to current claims, but comprehends all claims for such labor, and does not render the defendant company personally liable, except to the extent of the balance due the logger remaining in its hands.</p> <p>Same. In such case it is not error to receive evidence of the amount of the labor claims incurred and advanced by the defendant company prior to the making of such contract, since they were comprehended therein, and there was no intention to place the defendant in a worse position than it was in before making the contract.</p> <p>Appeal — Review. Findings will not be disturbed when sustained by the evidence.</p>