Yost v. Empire State Surety Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Snohomish county, Black, J., entered September 28, 1911, upon the verdict of a jury rendered in favor of the plaintiff, in an action on an indemnity bond.
1Opinion of the CourtChadwick, J.
Appellant became surety for certain contractors who had undertaken to put in a sea gate at Edmonds. The contractors defaulted and the work was completed by others. The concrete question before us is the lia*398bility of appellant, the surety company. It is first contended that the contract provides that the work shall be done under Ordinance No. 180, whereas the bond refers to the fulfillment of Ordinance No. 177. It is said that this is a fatal variance because of which respondents, who performed labor and supplied materials for the work, cannot recover. Ordinance No. 180 ordered the improvement…
2Cases cited1 opinion
- Brace v. Northern Pacific Railway Co.Washington Supreme Court · 1911
3Cited by2 opinions
- Thomas v. LeeWashington Supreme Court · 1913
- Rupe v. KempWashington Supreme Court · 1918