Kanters v. Kotick

Citations

• 102 Wash. 523
• 173 P. 329
• 1918 Wash. LEXIS 967

Syllabus

<p>Husband and Wife—Community Property — Liability on Husband’s Bond. The husband’s gratuitous bond is not a community debt where it was not given in a community enterprise.</p> <p>Principal and Surety—Action Against Surety—Parties. A surety in a joint and several bond may be sued separately from the principal,, under Rem. Code, § 192, giving plaintiff the option to sue all or any of the persons severally liable upon the same obligation.</p> <p>Principal and Surety—Action on Bonds—Conditions Precedent —Tendee of Performance. Tender of a conveyance is. a condition precedent to an action upon a bond given to secure performance of the agreement of the vendees to discharge a mortgage as consideration for the conveyance, as the stipulations are mutual and concurrent.</p> <p>Same—Liability of Surety—Defense. A surety cannot he held liable upon a bond where the principal was not liable because the conditions for which it was given could not be performed.</p>