Schoening v. Maple Valley Lumber Co.

Citations

• 61 Wash. 332
• 112 P. 381
• 1910 Wash. LEXIS 1341

Syllabus

<p>Guaranty — Contract—Consideration. Forbearance to collect an account from a logger, and extension of credit for further supplies enabling the debtor to continue logging, is a sufficient consideration for a contract by a lumber company to guarantee the account to the extent of fifty cents per M for all logs furnished it; all parties being thereby benefited.</p> <p>Guaranty — Contract—Certainty—Mutuality. An agreement to guarantee a logger’s account to the extent of fifty cents per M on each raft of logs furnished to the promisor until notice given to the promisee, is an original undertaking, and not void for uncertainty or want of mutuality.</p> <p>Pleading — Amendments—Variance. It is not error to allow an amendment before trial, increasing the amount claimed on a contract of guaranty, where no surprise was claimed or continuance asked; and no variance results from proof of the increased amount.</p>