Donaldson v. Brewster

Citations

• 103 Wash. 65
• 173 P. 1018
• 1918 Wash. LEXIS 1023

Syllabus

<p>Contracts — Building Contracts — Construction—“Roughing-in” Plumbing — Extras—Proof of Custom. Where the contractor furnished a list of the materials required for “roughing-in” the plumbing “the same being represented to include all the material necessary to be used in the plumbing” in accordance with the plans and specifications, further guaranteeing that no extras will be required to complete the building, it was not competent for the contractor to show a custom in the plumbing trade to make contracts with reference to “roughing-in” and the supplying of fixtures, so as to leave a hiatus between the “roughing-in” process and the setting of the fixtures, and make the owner liable for extra material for “finishing”; no such custom having been brought to the notice of the owner.</p> <p>Set-off and Counterclaim — Building Contracts — Payment for Material Agreed to be Furnished. Under a contract to do the plumbing and furnish all the materials required, at not to exceed a certain sum, an owner who paid for the materials which the contractor listed as necessary may counterclaim therefor against the balance due upon the contract.</p>