Cascade Lumber Co. v. Aetna Indemnity Co.

Citations

• 56 Wash. 503
• 106 P. 158
• 1910 Wash. LEXIS 834

Syllabus

<p>Mechanics’ Liens — Bonds on Public Work — Notice—Poem. A notice by a materialman to a surety on the bond of a contractor on a public building, stating a claim against the building for material furnished to the principal contractor, complies, in substance, with Laws 1899, p. 172, § 1, which requires the notice to state claims against the bond.</p> <p>Same — Time fob Piling — Statutes—Construction. Under Laws 1899, p. 172, § 1, providing that no action shall be commenced by materialmen against the surety on the bond of a- contractor on public work “unless within thirty days from and after the completion of the contract and an acceptance of the work” notice be filed, the claimant need not wait until the work is completed and accepted before filing notice of claim, where the contract was abandoned; nor need the notice be filed within thirty days after abandonment by the contractor where it was not completed or accepted; as the statute only fixes the time after which notice cannot be given.</p> <p>Evidence — Documentary Evidence — Books of Original Entry. In an action against a contractor’s surety by materialmen, books kept by the contractors in the ordinary course of business, from slips furnished the bookkeeper by different persons making delivery of the materials, are competent as books of original entry to show the amount of material furnished for certain buildings, although the business manager testifying as to the entries had no personal knowledge of the transactions.</p>