Lidral-Wiley, Inc. v. United States Fidelity & Guaranty Co.

This appeal is from a judgment dismissing appellant’s action against respondent, after a trial on the merits to the court without a jury, upon a challenge to the sufficiency of the evidence at the close of appellant’s testimony as to respondent, the surety company.

Appellant had commenced an action against the contractors in King county without joining the surety company, and afterwards commenced an action against respondent as surety, in which the contractors were made additional defendants. The contractors, a partnership known as McDonald & Sakoff, were never served with summons and…