Denham v. Pioneer Sand & Gravel Co.

Citations

• 104 Wash. 357
• 176 P. 333
• 1918 Wash. LEXIS 1179

Syllabus

<p>Counties (46) — Highways (33) — Contractor's Bonds — Reserve Fund — Rights of Creditors and Sureties. Tb.e reserve fund withheld from contractors on county highway work as a trust fund for creditors of the contractor is also for the protection of his bondsmen; and materialmen furnishing supplies cannot participate in such reserve fund, as against the contractor’s sureties, unless they served notice of delivery within ten days after the first delivery of the material, as required by Rem. Code, § 1159-1, as a condition precedent to liability therefor on the contractor’s bond.</p>