Mead v. Kalberg

Citations

• 70 Wash. 517
• 127 P. 185
• 1912 Wash. LEXIS 1076

Syllabus

<p>Bonds — Injunction Bonds — Damages—Loss of Property — Remote or Speculative Damages — Actions—Instructions. Where a temporary injunction was issued restraining the defendants from performing a city contract assigned to them by the plaintiffs, and an injunction bond was given by plaintiffs on appeal to keep the injunction in force, which bond obligated the plaintiffs to pay all costs and damages that may accrue to the defendants by reason of continuing the temporary injunction in force during the pendency of the appeal, it must be held that the parties contemplated any loss of profits and any damages to defendants that might accrue by reason of subcontracts, then in existence and known to the parties by which defendants had sublet the work, such profits not being too remote or speculative; hence, in a subsequent action on the injunction bond, the jury is properly instructed that it may take the subcontracts into consideration as tending to prove damages by loss of profits that could have been made on the contract.</p> <p>Bonds — Injunction Bond — Liability of Principal. Recovery on an injunction bond obligating the plaintiffs and surety to pay all costs and damages that may accrue to the defendants by reason of continuing the injunction in force cannot be objected to as subjecting the surety to a greater liability than that of the principal, since the statute makes the assumption of the liability by the principal a condition precedent to the continuance of the injunction.</p> <p>Bonds — Injunction Bonds — Pleading—Action—Complaint. In an action upon an injunction bond, the proceedings leading up to the injunction and judgment in the former action are relevant and may be pleaded in the complaint.</p> <p>Judgment-^-Res Judicata — -Parties—Bonds—Sureties on Bond of Party. Matters determined on a former appeal are res judicata in an action by defendants against the plaintiffs and their surety on an injunction bond given in the former action.</p> <p>Pleading — Admissio