Spokane & Idaho Lumber Co. v. Boyd

Citations

• 28 Wash. 90
• 68 P. 337
• 1902 Wash. LEXIS 460

Syllabus

<p>CONTRACTOR’S BOND-ACTION ON-PARTIES.</p> <p>In an action at law by a material man upon the bond given under Gen. Stat., § 2415, by a contractor upon public works, the refusal of the court to make parties defendant to the suit other than the obligors on the bond is not error, even though the plaintiff may have a right of action against them for the same subject matter.</p> <p>SAME-ASSIGNMENT OF CONTRACT TO SURETY-LIABILITY.</p> <p>Where a surety upon a contractor’s bond takes an assignment of the contract and undertakes to complete the work himself, his liability is not restricted to that imposed by the bond, but he becomes liable for all losses sustained under the contract.</p> <p>SAME — DEFENSES.</p> <p>The fact that a contractor was insane at the time he obtained a contract from the city for public work, which was known to the city officials, and the fact that the city officials falsely represented to an assignee of the contract that there was money enough remaining unpaid under the contract to complete the work, would not constitute defenses to an action by a material man upon the bond given by the contractor for the protection of material men and laborers, when the plaintiff is not shown to have participated in the fraud.</p> <p>SAME ■— RELEASE OF SURETIES •— EVIDENCE.</p> <p>In an action against the sureties upon a bond, the release of a portion of them cannot be established by evidence that they advanced money to their own attorneys to be paid for their release, since such evidence is inadmissible as being hearsay.</p>