Legal Opinion

Marshall-Wells Hardware Co. v. Title Guaranty & Surety Co.

Washington Supreme Court

Decided January 28, 1916No. 12746PublishedCited by 10 opinions

Appeal from a judgment of the superior court for King county, Humphries, J., entered February 27, 1915, upon sustaining a demurrer to the complaint, dismissing an action on contract.

1Opinion of the CourtMount, J.

The trial court sustained a demurrer to the plaintiff’s complaint. The plaintiff elected to stand upon the allegations thereof and the action was dismissed. This appeal followed.

The complaint alleges, in substance, that, in July, 1910, W. F. Guernsey & Company entered into a contract with the state highway commission for the construction of a state aid road in King county; that, in accordance with the provisions of Rem. & Bal. Code, § 1159 (P. C. 309, § 93), W. F. Guernsey & Company executed and filed a bond on which the defendant in this action is surety; that thereafter, between August 8…

2Cases cited11 opinions

  1. McKay v. McCarthySupreme Court of Iowa · 1909
  2. Hill v. Hilliard & Co.Supreme Court of North Carolina · 1889
  3. Hanna v. KassonWashington Supreme Court · 1901
  4. Bowen v. ChaseSupreme Court of the United States · 1878
  5. Bank of Montreal v. GuseWashington Supreme Court · 1909

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3Cited by10 opinions

  1. Central Heat, Inc. v. Daily Olympian, Inc.Washington Supreme Court · 1968
  2. Riblet v. Spokane-Portland Cement Co.Washington Supreme Court · 1952
  3. Bain v. WallaceWashington Supreme Court · 1932
  4. Grismer v. Merger Mines CorporationDistrict Court, E.D. Washington · 1942
  5. Industrial Coatings Co. v. Fidelity & Deposit Co. of MarylandWashington Supreme Court · 1991

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