National Surety Co. v. Bratnober Lumber Co.

Citations

• 67 Wash. 601
• 122 P. 337
• 1912 Wash. LEXIS 1219

Syllabus

<p>Appeal — Decisions Revlewable — Amount in Controversy — Several Claims — Money Judgment — Action on Bond. In an action by the surety on a bond to indemnify materialmen and laborers upon public work, brought to establish the amount of its liability on various claims filed, in which judgment was given to the claimants upon their respective cross-complaints, no appeal lies in the case of any cross-complainant in whose favor judgment was given for less than the sum of $200, that being the jurisdictional amount on appeal to the supreme court in case of judgment for the recovery of money only.</p> <p>Municipal Corporations — Public Works — Bonds to Secure Laborer and Materialmen — Subjects Included — Statutes—Construction. Under Rem. & Bal. Code, § 1159, requiring contractors on public work to furnish a bond to pay all laborers, mechanics, subcontractors and materialmen and all persons who shall supply such persons with provisions or supplies for carrying on such work, all just debts, dues and demands incurred in the performance of the work, the liability on the bond is not limited to such provisions and supplies as enter into and become a part of the finished product, as in the case of liens under the lien laws of the state, notwithstanding that there is an analogy between the two laws; and the legislature has power to so provide.</p> <p>Statutes — Title and Subjects. The title, an act requiring bonds from contractors on public work conditioned to pay laborers, mechanics, materialmen, and others, is sufficiently broad to include provisions to indemnify parties furnishing “supplies and provisions” for carrying on the work, although such supplies or provisions did not enter into or become a part of the finished improvements; the doctrine of sui generis not applying in such case to the words “and others.”</p> <p>Same. A bond under Rem. & Bal. Code, § 1159, to indemnify laborers, mechanics, subcontractors and materialmen, and all persons supplying such persons with provis