Newby v. United States Fidelity & Guaranty Co.

In October, 1953, the Douglas County Memorial Hospital Association commenced an action against Joe Newby to recover the sum of $592.76 under an express contract. In the course of the action, .the hospital attached Mr. Newby’s automobile. The ground set forth in the affidavit for the attachment was: “To recover on a contract express or implied.” In the above-mentioned action, the trial court awarded'judgment to the hospital. On Newby’s appeal to this court (Douglas County Memorial Hospital Ass’n v. Newby, 45 Wn. (2d) 784, 278 P. (2d) 330), the judgment was reversed and the cause remanded with…