City of Aberdeen v. Equitable Surety Co.
Citations
- 92 Wash. 440
- 159 P. 683
- 1916 Wash. LEXIS 777
Syllabus
<p>Municipal Corporations — Public Improvements — Contracts— Construction — Abandonment by Contractor — Rights oe Assignee and Surety. A city may call for and accept separate bids upon four separate parts of an improvement and enter into a single contract with a successful bidder on two of the parts, including in one contract the entire award made under the two separate bids; and where this is done by a single writing, on default of the contractor after completing the first part of the work, his assignee of the moneys earned cannot claim a balance in the hands of the city due only on the completion of the entire contract, as against the contractor’s surety, performing the contract at a loss.</p>
Judges: Bausman, Holcomb, Main, Morris, Parker
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