DocketNumber: No. 3279
Citation Numbers: 22 Wash. 366, 60 P. 1116, 1900 Wash. LEXIS 279
Judges: Reavis
Filed Date: 4/18/1900
Status: Precedential
Modified Date: 10/19/2024
The opinion of the court was delivered by
In December, 1895, one Chapman was receiver of the Consolidated Bonanza Mining & Smelting Company, a corporation, and entered into a lease with one Davey under the terms of which Davey was to operate the mine and pay to Chapman one dollar per ton on all ore shipped. There were a number of stipulations in the contract of lease, one of which provided that Davey should operate the mine in a minerlike manner, keep the same well timbered, and separate the ore that was not shipped by him on the dump from refuse matter, pay all debts that he might contract in and about the mine, for both labor and material, and permit no liens of any kind to be filed upon the mine or any interest therein for such debts, and pay all laborers employed by him as often as every two weeks. Of the same date Davey executed a bond generally to perform the promises and covenants contained in the contract, and the appellants, Crane and Boring, signed the bond as sureties. The respondent performed work and labor for Davey in and about the mine, for which he has not been paid, and has brought this action to recover from the sureties the money due him for such labor. The com
The case of Sears v. Williams, supra, has not been followed, and, while it determined the controversy in that case and the law of the case, it has not since been applied to others. It cannot be said to have established a fixed rule, and become stare decisis, as urged by counsel for appellants. We think the case at bar falls within the reasoning and the principle stated in State ex' rel. Bartelt v. Liebes, 19 Wash. 589 (54 Pac. 26), and recognized in Baum v. Whatcom County, 19 Wash. 626 (54 Pac. 29), and the judgment is affirmed.
Gordon, C. J., and Dunbar, J., concur.