Gilmore v. Westerman

Citations

• 13 Wash. 390
• 43 P. 345
• 1896 Wash. LEXIS 57

Syllabus

<p>CONSTRUCTION OF PUBLIC BRIDGES—BOND FOR PROTECTION OF MATERIAL-MEN— RIGHT OF ACTION -UNDER—ASSIGNMENT.</p> <p>Persons who furnish material for public bridges, whether to the original contractor or to a sub-contractor, are within the protection of Gen. Stat., §2415, providing that whenever the board of county commissioners shall contract with any person to do work of a character, which, if performed for an individual, a lien would exist, it shall take a bond conditioned for the payment of all the laborers and material-men.</p> <p>A material-man’s right of action on a bond given under Gen. Stat.,-§2415, is assignable.</p> <p>The acceptance, without payment, of an order drawn upon the contractor for a public work by a sub-contractor in favor of a material-man, does not extinguish the latter’s right of action upon the contractor’s bond given under Gen. Stat., §2415.</p>