Robinson Manufacturing Co. v. Bradley

Citations

• 71 Wash. 611
• 129 P. 382
• 1913 Wash. LEXIS 1375

Syllabus

<p>Municipal Corporations — Public Work — Contractor’s Bond— Liability of Sureties — Conditions Precedent — Notice of Claim— Sufficiency. Letters from a materialman to a library board, informing the board of a balance due for materials furnished a contractor, and requesting prompt payment, without any reference to the contractor’s bond, do not constitute notice to the city in compliance with Rem. & Bal. Code, § 1161, providing, as a condition precedent to action on the bond, that a written notice be filed with the board that the material has been furnished and that a claim is made against the board for the amount due.</p> <p>Same. Actual notice to part of sureties would not bind the other sureties.</p> <p>Same. Such statute is not complied with by actual notice given to the sureties, at a meeting of the library board, that the bill of the materialman for material furnished the contractor had not been paid; since the statute requires written notice of a claim upon the bond.</p>