Fransioli v. Thompson

Citations

• 55 Wash. 259
• 104 P. 278
• 1909 Wash. LEXIS 744

Syllabus

<p>Principal and Surety — Bonds for the Performance of Public Work — Release of Surety — Change in Contract. Where a contract for improving a city street provided for comparatively cheap cedar cribbing, a radical change by the substitution by the city authorities of an expensive concrete retaining wall, after the principal contractors had sublet the work, will relieve the principal contractors and their sureties from liability on their bond to parties furnishing cement to the subcontractors for the construction of the work.</p> <p>Municipal Corporations — Improvements—Liability for Material —Failure to Require Bond — Change of Plans. Under Bal. Code, §§ 5925-5927, making a city liable for the cost of material furnished to a contractor on city work, if the city fails to require the contractor to enter into a bond to secure the same, the city is liable for materials furnished for additional work, where, after letting a contract and taking the bond, the city ordered such radical changes in the work as to release the sureties on the bond taken, and failed to require a new bond to cover the additional liability created by the change in plans.</p> <p>Same — Defense—Estoppel—Acceptance of Work. In such a case, the city is estopped to assert that the change was not authorized, where it accepted and paid for the work.</p> <p>Same — Defenses—Special Fund. The liability of a city for failure to take a bond to protect materialmen on public work is not affected by the fact that the work was to be paid for by special assesments on the property benefited.</p> <p>Actions — Misjoinder of Causes — Parties. The joinder of improper parties, on a theory of their liability that would exonerate other parties liable, does not constitute a misjoinder of causes of action; the plaintiff being entitled to join all persons connected with the matter whom he conceived to be liable.</p>