Gottstein v. Seattle Lumber & Commercial Co.

The opinion of the court was delivered by

Stiles, J.

Appellant brought this action to recover sundry damages for failure to perform a contract to furnish materials for, and to build, certain houses. The answer of the respondent Seattle Lumber and Commercial Company set up, in the first place, that it was a surety only for its co-respondent Earp, and, secondly, that shortly after the execution of the contract, by the mutual agreement of all the parties to it, it ivas rescinded and given up, the fire of June 6,1889, at Seattle, having so changed the condition of appellant and the lumber company…