Strandell v. Moran

Citations

• 49 Wash. 533
• 95 P. 1106
• 1908 Wash. LEXIS 616

Syllabus

<p>Bonds — On Public Works — Actions—Notice of Claim — Overstatement — Effect. The overstatement of the amount due, in a notice to a city of a claim for material furnished to a contractor upon public work, is not fatal to recovery upon the contractor’s statutory bond to secure laborers and materialmen, where actual fraud is not shown.</p> <p>Same — Signing of Notice — Sufficiency. Such a notice, required by the statute to be signed by the claimant, is sufficient when signed by one “A. S. Agent,” through whom the claimant did business, without disclosing the principal, where no one was misled thereby; since the same fulfills the purpose of the statute to give notice of claims.</p> <p>Appeal — Review—-Verdicts. A verdict of a jury upon conflicting evidence cannot be disturbed on appeal because against the weight of the evidence.</p>