Manhattan Co. v. United States Fidelity & Guaranty Co.

Citations

• 77 Wash. 405
• 137 P. 1003
• 1914 Wash. LEXIS 914

Syllabus

<p>Principal and Surety — Release op Surety — Overpayments— Prejudice. A compensated surety on a building contract is not prejudiced, and is therefore not released, by payments made during the progress of the work in excess of the amounts due the contractor, where they were necessary to protect the property from lien claims of laborers, the amounts of which were not questioned; nor by a small excess payment which was less than a credit afterward given for extra work.</p> <p>Same — Release op Surety — Taking Over Work. The payment of laborers on a building when the contractor was unable to pay them, is not a taking over of the work, where it was simply to protect the building from labor liens and the contractor was allowed to go on with the work;</p>