Mitchell v. Berlin-McNitt Co.

Citations

• 91 Wash. 582
• 158 P. 264
• 1916 Wash. LEXIS 1107

Syllabus

<p>Municipal Cobpobations — Contbact fob Public Impeovement— Constbuction. Under a contract for public work for a city, wherein the contractor agreed “to pay the wages of all persons and for assistance of every kind upon or about said work, and for all materials purchased therefor,” and authorized the city to withhold payments until such wages, assistance and materials were fully paid for, the city was not warranted in withholding money for the purpose of paying claims for meats and groceries supplied a subcontractor, such articles not falling within the terms “assistance of every kind employed,” nor of “materials,” the latter term applying only to materials entering into the structure.</p> <p>Same. The rule rendering a public contractor liable on his bond for the price of all goods necessary to the performance of his contract does not apply when the action is not upon the bond but is one involving the construction of the contract between the city and the contractor.</p> <p>Municipal Cobpobations — Contbact fob Public Wobk — Estoppel of Conteactob. The fact that a public contractor had assured firms supplying provisions to a subcontractor that he had made arrangements to accept orders drawn on him by the subcontractor, to be turned over to a third party for payment, would not estop the contractor from claiming a particular fund retained by the city for the. purpose of meeting such claims,' where he accepted such orders and there was no misrepresentation or breach of promise on the part of the contractor, but the fund in the hands of the third party had been dissipated by payment to preferred creditors instead of by application pro rata to all the creditors.</p>