Exposition Amusement Co. v. Empire State Surety Co.

Citations

• 49 Wash. 637
• 96 P. 158
• 1908 Wash. LEXIS 637

Syllabus

<p>Mechanics’ Liens — Indemnity Against Claims — Contract—Construction- — Claims Allowed. In an action upon an agreement by a surety company to bold, the owner of a building free from any claims for materials furnished or used in the building, the plaintiff may show the claims for materials furnished and used of parties joined as defendants, although they did not appear in the action.</p> <p>Same. In such an action, it is error to allow the plaintiff to recover for a defective roof that did not comply with the contract, placed by a subcontractor, and to allow a lien to the contractor therefor, where the architect properly rejected the same and a new roof was put on and the cost thereof charged against the defendant; and it would be immaterial that the contractor consented to allow charges for the two roofs, after the work was taken from him.</p> <p>Corporations — Actions—License Fees- — Statutes-—Retroactive Effect. Laws 1907, p. 271, requiring that the payment of an annual license fee by a corporation be alleged and proved in order to maintain an action in the courts of this state, is not retroactive, and does not affect actions previously commenced.</p> <p>Mechanics’ Liens — Indemnity Against Claims — Contracts — Construction. Where a surety company undertakes to complete a building after the contractor’s default, and in consideration of the waiver of accrued stipulated damages for delay, “waives any and all objections it may have,” and agrees to immediately complete the building, it cannot object to departures in the performance of the original contract during the performance of the work by the contractor.</p> <p>Same — Defenses—Settlement. It is no defense to an action upon a contract to indemnify against all claims, entered into by a surety completing a building, that a settlement made between the owner, architect and defaulting contractor was made without notice to the surety, when the surety was not held bound by the settlement and was allowed to contest the