King County v. Guardian Casualty & Guaranty Co.

Citations

• 103 Wash. 509
• 175 P. 166
• 1918 Wash. LEXIS 1109

Syllabus

<p>Guaranty — Op Payment — Contract — Construction. A letter from tbe surety upon a contractor’s bond requesting a bank to make a loan to tbe contractor which was agreed should be a claim against the bond in case of loss on the job, is a contract of guaranty upon which the surety was directly liable without the filing of a claim against the bond.</p> <p>Appeal — -Review—Objections Below. Want of authority of an attorney in fact to execute a contract, not raised below, cannot be presented on appeal.</p> <p>Counties — Claim Against Bond — Contract. The bond to secure claims against a contractor on county work covers sums due for the rental value of scows and other equipment used by the contractor for handling concrete and also the rental value of tugs which towed scows loaded with material that entered into the construction.</p> <p>Same — Claim Against Bond — Attorney’s Pees. Semble, that where there is a controversy, attorney’s fees are allowable to claimants in an action by a county to interplead claims against a contractor’s bond.</p> <p>Appeal — Review — Objections Below. Error in allowing attorney’s fees in an action of interpleader cannot he raised for the first time on appeal.</p>