Fidelity & Deposit Co. v. Spokane Merchants' Ass'n

Citations

• 91 Wash. 170
• 157 P. 464
• 1916 Wash. LEXIS 1023

Syllabus

<p>Principal and Surety — Bond op Contractor — Public Work — Filing Claims — Waiver. Where the state and a contractor on public work agreed to arbitrate disputes as to the classification of the work and to disburse the amounts found due by payment 1st, of all unpaid labor claims, 2d, claims of materialmen, and 3d, the balance to the contractor, the agreement for arbitration waived the provisions of the statute requiring the filing of claims against the contractor’s bond, given to secure lien of labor and materials furnished under the contract.</p> <p>Costs — Parties Liable — Trustee op Fund — Prevailing Party— Apportionment. In an action for an accounting of a fund of nearly $30,000, deposited with a trustee to be disbursed in the payment of labor and material claims, costs should not be awarded against the trustee, where it performed its duties in good faith, making errors only in minor particulars, and the plaintiff prevailed to the extent of only $122, upon a claimed balance of over $6,000.</p>