Spokane Merchants Ass'n v. Pacific Surety Co.

Citations

• 86 Wash. 489
• 150 P. 1054
• 1915 Wash. LEXIS 1015

Syllabus

<p>Bonds — Indemnity—Actions-—-Parties Entitled to Sue — Creditors — Privity. The creditors of a subcontractor on state work cannot maintain an action upon his bond, not required by any statute, but given to the principal contractor to secure performance of the subcontract, since there is no privity between the parties to the action; even though such bond was conditioned, in part, in the language of Rem. & Bal. Code, § 1159, following the language of the principal contractor’s bond to the state given to secure persons furnishing supplies and performing labor on public work; especially in view of that part of § 1159 providing that the original contractor’s bond shall protect persons furnishing labor or supplies to any subcontractor on the work.</p>