Lazelle v. Empire State Surety Co.
Washington Supreme Court
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
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
- Heffernan v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1905
- Eldridge v. FuhrMissouri Court of Appeals · 1894
- Denny v. SpurrWashington Supreme Court · 1905
- Ovington v. Aetna Indemnity Co.Washington Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
- Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
- Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
- Colo. Structures, Inc. v. INSURANCE CO. OF WESTCourt of Appeals of Washington · 2005
- Colorado Structures, Inc. v. Insurance Co. of the WestCourt of Appeals of Washington · 2005
5 more not listed; retrieve them via the Exa API.