Macdonald v. O'Shea

Citations

• 58 Wash. 169
• 108 P. 436
• 1910 Wash. LEXIS 912

Syllabus

<p>Contracts—Survival—Parties—Personal Representatives. The obligations of a building contract which provides that it shall bind the parties, their heirs, and personal representatives, survives on the death of the contractor and binds his administrator.</p> <p>Indemnity—Death of Principal—Defaults of Personal Representatives. Where the obligations of a building contract survive, the surety on the contractor’s indemnity bond is liable for defaults by the administrator after the contractor’s death.</p> <p>Indemnity — Claims — Employment of Superintendent—Executors and Administrators. Where the character and size of a building rendered the employment of a superintendent necessary after the contractor’s death, his administrator may employ a superintendent whose claim would be a charge against the surety on the contractor’s indemnity bond.</p> <p>Indemnity—Payment of Lienable Claims—Remedies of Indemnitor. The surety on a contractor’s indemnity bond, conditioned for the performance of the contract and to protect the property against liens, may, after default, pay lienable claims that were about to be filed, before the time for their filing has expired, and recover therefor on security given by the contractor.</p> <p>Executors and Administrators—Claims—Necessity—Mortgages —Foreclosure—Indemnity. It is not a necessity for a surety on a contractor’s indemnity bond to file a claim against the contractor’s estate, where it merely seeks to foreclose a mortgage given by the contractor as security for the execution of the indemnity bond.</p>