Roberts v. Washington Water Power Co.

Citations

• 19 Wash. 392
• 53 P. 664
• 1898 Wash. LEXIS 393

Syllabus

<p>CORPORATIONS — CONTRACT FOR BOND — AUTHORITY OF OFFICERS — APPEAL — OBJECTIONS NOT RAISED BELOW.</p> <p>In an action on a bond to recover liquidated damages, an answer denying the execution of the bond, and also admitting its execution as a bond fixing a penalty instead of liquidated damages, cannot be attacked on appeal, when no objection has been raised on that ground in the lower court.</p> <p>An order of the board of directors of a corporation authorizing its president and secretary to sign its name as surety upon a bond for a given sum, would raise the presumption that the authority given was merely to execute a bond providing for a penalty instead of one providing for liquidated damages.</p>