Van Doren Roofing & Cornice Co. v. Guardian Casualty & Guaranty Co.

Citations

• 99 Wash. 68
• 168 P. 1124
• 1917 Wash. LEXIS 1023

Syllabus

<p>Municipal Corporations—Improvements—Contractor’s Bonds— Notice of Claim. Where an Informal notice to a municipal corporation of a balance due for materials furnished a contractor on public work was treated as a compliance with Rem. Code, § 1161, requiring a notice of intention to assert a claim against the contractor’s bond, it will be held sufficient, where actual notice of the filing of a claim was thereupon given to the sureties, who treated it as sufficient and were not misled and in their pleadings in the ease admitted the claim and tendered such amount as might be due thereon.</p> <p>Pleading—Variance — Departure—Amendment to Conform to Proof. In an action by a materialman to recover upon the bond of a contractor on public works, it is not a fatal variance or departure for the complaint to allege the furnishing of the supplies to the general contractor, and for the proof to show, and the court to allow an amendment alleging that the materials were furnished to a subcontractor, and deliveries made on the ground with due notice to the general contractor, with notice of claim against the bond as required by statute, there being no claim of surprise or request for a continuance; the allowance of amendments to conform to proof being within the discretion of the trial court.</p> <p>Municipal Corporations — Improvements — Contractor’s Bond— ■ Liability—Materials Furnished Subcontractor or Agent. In an action by a materialman to recover upon the bond of a contractor on public works, findings that a general contractor was liable are sustained, notwithstanding the materials were furnished by one who, under a written contract, was a subcontractor, where it appears that credit was extended to the general contractor under an agreement that it would pay the bill, and the subcontractor was regarded only as a purchasing agent.</p> <p>Guaranty—Contract— Construction — Municipal Improvements —Contractor’s Bond—Claim for Advance. Where a bank, after making advances to a contr