Rust v. United States Fidelity & Guaranty Co.

Citations

• 87 Wash. 93
• 151 P. 248
• 1915 Wash. LEXIS 1064

Syllabus

<p>Contracts—Building Contracts—Construction. An agreement by contractors to furnish all materials for a building includes an agreement to pay for them.</p> <p>Principal and Surety—Building Contract—Bond—Liability oe Surety—Creditors—Privity. A building contractor’s surety bond to a private owner, conditioned to furnish the materials and pay all liens, claims, and other sums of money, and to be void in case the principal shall perform the contract and indemnify and save harmless the owner, is for the owner’s protection only; hence he cannot maintain an action thereon against the surety for the benefit of creditors of the contractor who had no liens against the property or claims by which the owner could be damaged, as there was no privity between the surety and such creditors.</p>