Noyes v. Adams

Citations

• 76 Wash. 412
• 136 P. 696
• 1913 Wash. LEXIS 1830

Syllabus

<p>Guaranty — Performance of Contract. A written guaranty to deliver certain notes and collateral is not substantially complied with unless all the notes correctly described therein are delivered.</p> <p>Guaranty — Consideration. The personal guaranty of the vice president of a trust company to deliver certain notes and collateral is founded on a sufficient consideration, where on the faith of the promise money was paid to the trust company; since a detriment to the promisee is as much a consideration as is a benefit to the promisor.</p> <p>Guaranty — Breach — Partial Performance — Measure of Damages. In an action for damages for breach of a contract of guaranty, whereby, in consideration of $15,000, the defendant promised to deliver certain notes and collateral, and forbear on other claims, the measure of damages is the actual losses sustained, and not the return of the entire sum advanced, where the contract had been partially performed by delivering the greater part of the notes and collateral described and by granting the forbearance.</p> <p>Damages — Failure of Proof — Nominal Damages. In an action for damages for breach of a contract of guaranty, failure to prove substantial damages is failure to prove the substance of the issue, entitling defendant to judgment; hence it is not reversible error to fail to give nominal damages on proof of a partial breach resulting in no actual loss.</p>