Legal Opinion

Seattle v. Aetna Indemnity Co.

Washington Supreme Court

Decided March 17, 1905No. 5277PublishedCited by 11 opinions

Appeal from a judgment of the superior court for King county, .Rudkin, J., entered January 21, 1903, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action upon an indemnity bond in the nature of specific performance1.

1Opinion of the CourtMount, C. J.

On the 18th day of April, 1902, the respondent entered into a contract with N. H. Beer, by the terms of which contract said Beer was to furnish all the materials, and erect a church building in the city of *518Seattle, in accordance- with certain drawings ánd specifications, at an agreed price of $25,800. The contract was in the usual form of builders’ contracts as prepared by architects, and provided, among other things, that changes and alterations might be made in the work as it progressed; that the building should be completed on or before September 1, 1902, and for liquidated damages at the…

2Cases cited5 opinions

  1. Remington v. Fidelity & Deposit Co.Washington Supreme Court · 1902
  2. Heffernan v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1905
  3. Friend v. RalstonWashington Supreme Court · 1904
  4. Beebe v. RedwardWashington Supreme Court · 1904
  5. Ovington v. Aetna Indemnity Co.Washington Supreme Court · 1904

3Cited by11 opinions

  1. Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
  2. Brown Bros. v. Columbia Irrigation DistrictWashington Supreme Court · 1914
  3. Monro v. National Surety Co.Washington Supreme Court · 1907
  4. Bridges v. PriceCalifornia Court of Appeal · 1928
  5. Ætna Indemnity Co. v. Town of ComerSupreme Court of Georgia · 1911

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