Legal Opinion

Lazelle v. Empire State Surety Co.

Washington Supreme Court

Decided June 2, 1910No. 8741PublishedCited by 10 opinions

Appeal from a judgment of the superior court for King county, Main, J., entered January 4, 1910, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on contract.

1Opinion of the CourtMorris, J.

Action upon bond, to recover for breach of building contract. Judgment for plaintiffs, and the surety company appeals.

The respondents alleged a breach of the contract in three particulars: Failure to supply proper material, furnish competent workmen, or to prosecute the work with diligence. The answer contained nothing other than denials. The *590errors complained of are: Failure of the evidence to show notice to the surety within the limitation of the bond; taking possession of the building and ousting the contractor, and failure in proof of damages. -The provision of the bond as to notice…

2Cases cited8 opinions

  1. Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
  2. Heffernan v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1905
  3. Eldridge v. FuhrMissouri Court of Appeals · 1894
  4. Denny v. SpurrWashington Supreme Court · 1905
  5. Ovington v. Aetna Indemnity Co.Washington Supreme Court · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
  2. Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
  3. Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
  4. Colo. Structures, Inc. v. INSURANCE CO. OF WESTCourt of Appeals of Washington · 2005
  5. Colorado Structures, Inc. v. Insurance Co. of the WestCourt of Appeals of Washington · 2005

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