Gritman v. United States Fidelity & Guaranty Co.

Citations

• 41 Wash. 77
• 83 P. 6
• 1905 Wash. LEXIS 1071

Syllabus

<p>Pleadings — Amendments to Conform to Proof — Surprise. It is proper to allow an amendment to tbe complaint to conform to tbe proof that an architect’s certificate was duly given, although it was not pleaded, where it appears that on a former trial the same was offered and received in evidence, and that on the same trial the defendant offered evidence in rebuttal thereof, and could not have been surprised; especially where the order allowing the amendment recites that the objections to the evidence were not argued until after the parties had introduced their evidence and rested, and no improper advantage was obtained.</p> <p>Indemnity — Contractor’s Bond — Defenses — Contractor as Agent for Delivery. Where a surety company delivers a bond to a contractor for the purpose of closing a building contract, the contractor is made the agent of the surety for the purpose of delivering the bond, and the surety cannot claim that the bond was not given upon the contract for which it was delivered, if there was nothing on the face of the bond which would tend to put the owner upon inquiry.</p>