Fidelity & Deposit Co. v. Oliver

Citations

• 57 Wash. 31
• 106 P. 483
• 1910 Wash. LEXIS 688

Syllabus

<p>Indemnity — Mortgages—Construction. A mortgage given to a bonding company to secure against loss on an indemnity bond of the mortgagor,' a building contractor, or upon any other bonds which he might require, covers loss under a bond issued to another and required by him in pursuance of the arrangement on advice that the mortgagor was interested in the contract.</p> <p>Same — Agreement to Save Harmless — Attorney’s Fees Incurred. A mortgage to secure against loss on an indemnity bond, agreeing to protect the mortgagee harmless against all liability by reason of becoming surety on the bond, covers reasonable attorney’s fees incurred in resisting liability upon the bond.</p> <p>Mortgages — Foreclosure — Attorney’s Fees — Reasonableness. The sum of $1,000 is not an unreasonable attorney’s fee in the foreclosure of an indemnity mortgage, although the total amount of the judgment was but $7,000, where the suit was strenuously resisted and the record was voluminous.</p> <p>Appeal — Review.— Findings — Conflicting Evidence. Findings will not be disturbed where there was a close question of fact, decided upon oral evidence.</p>