Mondioli & Stewart v. American Building Co.

Citations

• 83 Wash. 584
• 145 P. 577
• 1915 Wash. LEXIS 1225

Syllabus

<p>Appeal — Record—Evidence — Abstract — Necessity. Where no question is made upon the evidence, appellant need not bring it up on appeal or abstract it, or make any reference to it in the abstract.</p> <p>Appeal- — -Briefs—Reference to Abstract. An appeal will not be dismissed for failure of the brief to refer to the abstract, where the only point made is on the findings, which are in the abstract and quoted in full in the brief.</p> <p>Mechanics’ Liens — Foreclosure — Conditions Precedent — Amount Due. In an action to foreclose a mechanics’ lien, the plaintiff is not entitled to judgment until the debt is due.</p> <p>Indemnity — Contracts—Amount Due — Conditions Precedent— Bonds — Construction. Under an indemnity bond given by building contractors to the owners, conditioned to defend and save the owners harmless from the claims of the D. company and further providing that the final twenty per cent payment under the contract should be retained as additional indemnity until the obligors obtained a receipt in full from the D. company or until its claims should be outlawed, such final twenty per cent is not due until the happening of one of the conditions precedent stipulated in the bond; until which, judgment cannot be entered on the contract in favor of the contractors, if the sum unpaid is less than the twenty per cent to be retained as indemnity.</p>