Johnson v. Cook

Citations

• 24 Wash. 474
• 64 P. 729
• 1901 Wash. LEXIS 558

Syllabus

<p>BONDS-ACTION EOE BEEACH-WHETHEE DAMAGES LIQUIDATED OE IN NATUEE OE PENALTY.</p> <p>A bond in the sum of $3,000, conditioned that the obligor shall build or cause to be built upon certain premises within a given time a house which shall cost not less than $2,000, and that he will pay all liens or incumbrances thereon which may be, or threaten to become, prior to a mortgage thereon in favor of the obligee, contemplates that the sum named in the bond shall be in the nature of a penalty and not liquidated damages.</p> <p>SAME-WHEN GIVEN AS GUAEANTY — LIABILITY AETEE EXHAUSTION OE PBIOE SECUEITY.</p> <p>Where a bond conditioned that the obligor will build a house of an agreed value upon mortgaged premises within a stipulated time is given as additional security for the mortgage thereon, in an action on the bond for breach of the condition to build the obligee is not entitled to other than nominal damages, when the mortgaged premises have not been sold under foreclosure and the amount of deficiency determined. ,</p> <p>APPEAL-EEFUSAL TO ALLOW NOMINAL DAMAGES-HAEMLESS JEBBOB.</p> <p>Although error may have been committed in giving defendant judgment on the pleadings, in an action for damages for breach of a bond, when the pleadings show plaintiff entitled to nominal damages, yet the cause should not he reversed merely that nominal damages may be assessed, as no substantial right is affected by the error.</p>