Bernbaum v. Hodges

This is an action by a real-estate purchaser to recover damages from a seller-builder and the surety, upon a performance bond for breach of written guarantee provisions contained in a real-estate purchase contract.

Defendant Hodges Construction Company, a corporation, owned a parcel of real property in Seattle. It executed lease agreements, and agreed to construct a building on the property for the use and occupancy of two tenants.

Among other things, the leases provide:

“It is understood and agreed that the building to be erected upon the above-mentioned premises shall comply with all laws of…