Holly-Mason Hardware Co. v. National Surety Co.

Citations

• 107 Wash. 74
• 180 P. 901
• 1919 Wash. LEXIS 726

Syllabus

<p>States (20-1)—Co-ntractob’s Bonds—Materialmen—Comblaint. A complaint by a materialman upon a contractor’s bond on state work is sufficient where it alleges that the materials were furnished and delivered by plaintiff for and were used in the erection of the building.</p> <p>Same (20-1)—Contractor’s Bonds—Claims—Nonlienable Items. The inclusion of nonlienable items in a materialman’s notice and claim against the bond of a contractor on state work is not fatal, where they were inserted by mistake and were inconsiderable in amount and easily separable.</p> <p>• Same (20-1)—Contractor’s Bonds — Materials — Delivery—Evidence. Under Rem. Code, §§ 1159-1161-1, giving materialmen a right6 of action upon the bonds of contractors on public work for materials furnished or provisions supplied in carrying on the work, it must be shown that the materials were either furnished on the ground or actually used in the construction; hence an action must fail as to items delivered through a common carrier to a station over two miles from the work, unless it be shown that they were actually delivered on the ground or used in the building.</p>