Quandt v. Fidelity & Deposit Co.

Citations

• 38 Wash. 93
• 80 P. 287
• 1905 Wash. LEXIS 1124

Syllabus

<p>Bonds—Supersedeas—Action for Damages in Being Kept Out of Possession of Premises—Evidence—Admissibility. In an action upon a supersedeas bond for damages in being kept out of possession of premises awarded by tbe judgment, tbe defendant is not prejudiced by the exclusion of evidence on collateral matters not affecting tbe question of possession.</p> <p>Same. In such a case a lease of tbe premises is admissible to impeach the defendant’s testimony that be was in possession under an oral agreement, and for tbe purpose of showing tbe terms of tbe lease.</p> <p>Same. In such a case, evidence that tbe defendant consented to a change in a contract affecting bis earning ability is admissible upon an issue as to whether tbe plaintiff wrongfully brought about such a change in tbe status of tbe defendant.</p> <p>Same—Defenses—Release of Surety—Agreement Affecting Status of Principal—Waiver—Principal and Agent. In an action upon a supersedeas bond given by a compensated surety, an agreement affecting tbe status of tbe principal lessening bis earning ability or tbe value of tbe premises retained by him by virtue of tbe bond, does not release tbe surety, since tbe principal acts as agent of tbe surety company.</p>