Cases Determined in the Supreme Court of Washington, Volume 58Bancroft-Whitney Company, 1910 |
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Results 1-5 of 100
Page 30
... action upon a contrac- tor's bond indemnifying against loss by reason of a breach of a building contract , there can be no recovery for extra work not embraced in the contract . SAME - DEFENSES - FORMER ACTION - FINDINGS CONCLUSIVENESS ...
... action upon a contrac- tor's bond indemnifying against loss by reason of a breach of a building contract , there can be no recovery for extra work not embraced in the contract . SAME - DEFENSES - FORMER ACTION - FINDINGS CONCLUSIVENESS ...
Page 32
... action is barred by the limitation period fixed in the bond . We have quoted the provision of the bond , to the effect that the respondent shall not be subject to any suit that is in- stituted later than the 22d day of February , 1906 ...
... action is barred by the limitation period fixed in the bond . We have quoted the provision of the bond , to the effect that the respondent shall not be subject to any suit that is in- stituted later than the 22d day of February , 1906 ...
Page 35
... action commenced after the limitation period had expired ; under a statute , however , which per- mitted the obligee , at any time after judgment , to sue out a writ of recovery to assess damages for a breach of any cove- nant contained ...
... action commenced after the limitation period had expired ; under a statute , however , which per- mitted the obligee , at any time after judgment , to sue out a writ of recovery to assess damages for a breach of any cove- nant contained ...
Page 36
... action did not accrue until the damages were judicially determined and actually paid . " The difference between a contract of indemnity and one to pay legal liabilities is that upon the former an action can- not be brought , and a ...
... action did not accrue until the damages were judicially determined and actually paid . " The difference between a contract of indemnity and one to pay legal liabilities is that upon the former an action can- not be brought , and a ...
Page 56
... action for personal injuries under Rem . & Bal . Code , § 6595 , providing that no action shall be commenced for personal injuries under the factory act unless notice of the accident signed by the employee or some one in his behalf be ...
... action for personal injuries under Rem . & Bal . Code , § 6595 , providing that no action shall be commenced for personal injuries under the factory act unless notice of the accident signed by the employee or some one in his behalf be ...
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Common terms and phrases
58 Wash affirmed alleged amount appellant appellant's bond breach cause of action claim Code concur construction contended contract counsel court for King damages deceased decree deed defendant dying declaration eminent domain entered error evidence fact favor filed injuries instructions judgment June jurors jury King county Lakes Union land Lewis county liability lien lots Lumber March 28 ment negligence notice Opinion Per CHADWICK Opinion Per CROW Opinion Per FULLERTON Opinion Per GoSE Opinion Per MORRIS Opinion Per MOUNT Opinion Per PARKER Opinion Per RUDKIN option law owner paid parties payment person Pierce county plaintiff purchase purpose question railway company reason record recover refused Reported in 108 respondent respondent's rule Seattle Spokane Spokane county spondent statement statute superior court surety sustained Tacoma testimony thereof tion tract trial court verdict Washington
Popular passages
Page 511 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 168 - The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained; and this rule is subject to but two conditions : The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from...
Page 320 - That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions...
Page 348 - ... whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases.
Page 582 - ... relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 570 - Pickering 344) , it is not every small creek in which a fishing skiff or gunning canoe can be made to float at high water which is deemed navigable, but, in order to give it the character of a navigable stream, it must be generally and commonly useful to some purpose of trade or agriculture.
Page 186 - ... of the county in which the principal place of business of the corporation is to be located, and no corporation shall, until such articles be left for record, have legal existence.
Page 497 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 186 - ... of fifty dollars for every day it shall so neglect, to be sued for and recovered...
Page 663 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, " You have a right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.