Price v. Scott

Citations

• 13 Wash. 574
• 43 P. 634
• 1896 Wash. LEXIS 90

Syllabus

<p>PRINCIPAL AND SURETY—LIABILITY OF SURETY—ESTOPPEL BY RECITALS IN BOND—AMENDMENT OF ANSWER—ADMISSION OF EVIDENCE.</p> <p>The sureties upon a bond given by a contractor for the erection of a school building, under the statute requiring such bond, for the protection of those furnishing labor and materials to a contractor employed in making public improvements, are estopped to deny the authority of the school district to make the contract, when the bond executed by such sureties recites as a fact that the principal in the bond had duly entered into a contract with the school district for the erection of said school building.</p> <p>Refusal of the court to allow defendant to amend his answer upon an application therefor made after the plaintiff’s testimony has been introduced, is not an abuse of the court’s discretion in such matters.</p> <p>The improper admission of evidence is not error, unless objection thereto on the proper grounds is raised at the time.</p>