Brown Bros. v. Columbia Irrigation District

Citations

• 82 Wash. 274

Syllabus

<p>Municipal Corporations — Improvements—Contractor’s Bonds — Conditions — Liability to Materialmen. A materialman, furnishing supplies to a contractor on municipal work (an irrigation district) cannot maintain an action against the district on the contractor’s bond given to the district to secure the performance of the contract, where the bond was not conditioned for the payment of all claims for labor, material, and supplies furnished and used in the work, as required by Rem. & Bal. Code, §§ 1159-1161; but ran to the irrigation district only, and provided that no right of action should accrue thereon to the use of any person other than the district.</p> <p>Same — Contractor’s Bond — Construction—Terms oe Contract. In such a case, the contractor’s bond is not to be read and construed in connection with the contract which it was given to secure, where the action was not prosecuted between the parties to the bond, but by third parties, who were excluded by the terms of the bond, which provided that no action could be maintained thereon except by the obligee.</p> <p>Same — Failure to Take Bond — Liability oe Municipality. A materialman furnishing supplies to a contractor on public work for an irrigation district, which took a bond that was not conditioned as required by Rem. & Bal. Code, §§ 1159-1161, to secure payment of all claims for labor and material and supplies used on the work, has a cause of action against the district for failing to take the statutory bond, although he may not have any right of action on the contractor’s bond taken.</p> <p>Municipal Corporations — Irrigation Districts — Contractor’s Bonds — Liability—Statutes—Construction. An irrigation district is a municipal corporation, within the meaning of Rem. & Bal. Code, § 1160, providing that “if any board of county commissioners of any county, mayor, and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation,” shall fail to take a bond, su