Gate City Lumber Co. v. City of Montesano

Citations

• 67 Wash. 594
• 122 P. 26
• 1912 Wash. LEXIS 1217

Syllabus

<p>Municipal Corporations — Public Work — Failure to Take Bond —Liability for Material — Delivery—Evidence—Sufficiency. In an action against a city by a materialman to recover for lumber sold and shipped to the contractor, the city having failed to take a bond for the protection of materialmen, the plaintiff is not precluded from recovery by the fact that the actual delivery of the lumber from the cars to the work was made by the employees of the contractor, where it sold and delivered the same to the contractor for use in such work, and it was actually used therein.</p>