Friendly v. National Surety Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Albertson, J., entered April 6, 1906, in favor of the defendant surety company, after a trial on the merits before the court without a jury, in an action for the breach of a building contract and to recover upon a bond guaranteeing the faithful performance thereof.
1Opinion of the CourtMount, J.
The plaintiff brought this action to recover against the defendants Ireland, Clark, and Thomas, co-partners, for a breach of contract to construct a building for plaintiff in the city of Seattle, and also against the National Surety Company as surety on a bond for the performance of the contract. The surety company, in answer to the complaint, alleged, among other defenses, that it had been released as surety before any liability had accrued under the contract. At the trial the court sustained this defense and refused to enter judgment against the surety company. The plaintiff appeals from…
2Cases cited4 opinions
- Dupee v. BlakeIllinois Supreme Court · 1893
- Standard Oil Co. v. ArnestadNorth Dakota Supreme Court · 1896
- White Sewing Machine Co. v. HinesMichigan Supreme Court · 1886
- London & L. Ins. v. HoltSouth Dakota Supreme Court · 1897
3Cited by8 opinions
- National Surety Co. v. George E. Breece Lumber Co.Court of Appeals for the Tenth Circuit · 1932
- Spokane Union Stockyards Co. v. Maryland Casualty Co.Washington Supreme Court · 1919
- Shuttee v. Coalgate Grain Co.Supreme Court of Oklahoma · 1918
- Larson v. HansonNorth Dakota Supreme Court · 1913
- Hunt Oil Company v. KillionCourt of Appeals of Texas · 1957
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