Larkin v. Pederson

Citations

• 71 Wash. 116
• 127 P. 844
• 1912 Wash. LEXIS 703

Syllabus

<p>Sales — Action for Price — Payment—Evidence—Sufficiency. In an action for a balance due from two partners for electrical equipment to be used in four city contracts, upon the allegation that the partnership had extended to all the contracts, one of the partners cannot escape liability by asserting that the balance was due on the first contract in which he was not interested, where it appears that he fully paid up the first contract, before anything was due on the other three; even if the seller afterwards agreed with him that the payments so made might be applied on the other three contracts provided he in writing guaranteed payment of the balance, which was done.</p> <p>Municipal Corporations — Public Work — Lien for Supplies Furnished Contractor. In an action for supplies sold, against city contractors and a bank as their assignee of all moneys due and unpaid on the contract and retained by the city to satisfy liens filed against the contractor’s bond, it is error to impress the remaining fund with a lien in favor of the plaintiff, as against the bank, where plaintiff had filed no lien against the same within the time required by law.</p>