26 Wash. 558 | Wash. | 1901
The opinion of the court was delivered by
On the 12th day of Hay, 1888, appellant was adjudged to be insane by the probate court of Spokane county, and the defendant, Paul Strobach, was appointed guardian of his person and estatej and duly qualified. The appellant, at the time, was the owner of certain real estate in the city of Spokane. On the 15th day of June, 1889, on the hearing of the application of said guardian, the real estate was ordered sold, and the proceeds invested for the benefit of appellant. The order of sale was conditioned that the said guardian enter into a good and sufficient bond, with good and sufficient sureties, in the sum of $2,000, conditioned to faithfully execute his trust and sell said real property as required by law; and, there
The question involved in this case is whether or not this case is controlled by the statute of limitations limiting to six years an action upon a contract in writing or liability, express or implied, arising out of a written agreement (§ 4798, Bal. Code), or § 4800, limiting to three years an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument. It was decided by this court in
“The statute of this state prescribes the duties of the county treasurer. The essence of this action is for the breach of those statutory duties imposed upon the treasurer. His duties under the statute were not contractual. Here, at any rate, is an express obligation imposed, and an express liability for the breach of the obligation.”
The same may be said of the case at bar. Section 6427, Bal. Code, provides that the guardian shall manage and
With tbis view of tbe case it is not necessary to enter into a discussion of tbe other points involved. Tbe judgment will be affirmed.
Reavis, C. J., and Hadley, Rullerton, Andeks, White and Mount, JJ., concur.