Peterson v. Jahn Contracting Co.

Citations

• 96 Wash. 210
• 164 P. 937
• 1917 Wash. LEXIS 907

Syllabus

<p>Bailment — Contract of Hire — Construction. In a contract for the rental of road construction equipment, the lessee cannot recover for a shortage of 4,000 feet of pipe and 1,000 feet of rails, described in the contract as “approximately” for 1 mile of railroad and 2 miles of pipe line, “now left upon the ground, as it was seen and inspected by the parties.”</p> <p>Accord and Satisfaction — Part Payment — Acceptance; Where payments were tendered to a bank, acting as agent for the creditor, in full satisfaction of the claim, and the bank refused to accept •them as payments in full, except subject to the approval of the creditor, who refused to approve, there was no recognition of the payments as payments in full, and the creditor is not estopped from recovering the balance notwithstanding there was no offer to return the payments, which the bank had credited upon an indebtedness due it; since the debtor could have refused to make the payments except upon condition.</p> <p>Bailment — Contract—Fraud—Inspection. A contract for hiring road construction equipment cannot be avoided for fraud in misrepresenting tbe condition of tbe equipment, where tbe lessee inspected it and tbe contract plainly indicates that be was to take it as it stood, regardless of condition.</p> <p>Constitutional Law — Obligation oe Contract — Bonds — Attorney’s Fees. Tbe act providing, in actions upon surety bonds, for tbe allowance of attorney’s fees in addition to all other costs, cannot apply to bonds executed prior to tbe passing of tbe act, since as to existing contracts, it is an additional burden without tbe power of tbe legislature to impose.</p>