Houghton v. Hoy

Citations

• 102 Wash. 358
• 172 P. 1148
• 1918 Wash. LEXIS 933

Syllabus

<p>Contracts—Construction—Railroad Construction—Delivery of Materials. A contractor’s agreement to deliver to the subcontractor sand and gravel “as near as available railway trackage shall permit, to bunker, hopper or working sites” does not require delivery to the subcontractors to bunkers and working sites, where the principal contract, which was made part of the agreement, plainly indicated that the traffic should not be interfered with, and placed the entire contract of tracks and traffic in the hands of the railway superintendent, who refused permission to make deliveries west of a certain street; since the tracks were not then “available” for such deliveries.</p> <p>Principal and Surety — Contract — Subcontractor’s Bond—Notice of Breach—Sufficiency. A surety company is given sufficient notice of the principal’s breach of the ■ contract, where, having no agent in the city, a registered letter and telegram were sent to its home office giving notice of the breach, and that it would be necessary to take over the work and requesting what it proposed to do about it.</p> <p>Same—Release—Extras. A compensated surety on construction work is not released because the work included extras, where the extras were provided for in the contract.</p>