Stimson Mill Co. v. Feigenson Engineering Co.

Citations

• 100 Wash. 172
• 170 P. 573
• 1918 Wash. LEXIS 728

Syllabus

<p>Contracts—Building Contracts—Performance—Price—Reasonable Value. The rejection by the architect of material from one dealer after it proved defective, does not compel the contractor to buy of another dealer suggested by the architect, if he could buy fit material elsewhere at a less price; and the reasonable value of the material purchased could not be measured by comparison with unfit material.</p> <p>Mechanics’ Liens—Lienable Items—Cartage. An item of .cartage of material used in the construction of a building is lienable.</p> <p>Same—Lienable Items—Forms for Concrete. Lumber used in ■the construction of concrete forms is lienable, although in part used afterwards, since it is common knowledge that form lumber in concrete work is to be classed as waste; and Rem. Code, §1129, giving a lien for all lumber used in the construction does not require that it remain permanently in the building.</p> <p>Principal and Surety—Liability of Surety—Building Bonds. A surety bond of a contractor guaranteeing performance of the contract renders the surety liable for the payment of material used in the construction of the building although the bond does not so provide in terms.</p> <p>Mechanics’ Liens — Notice to Owner — Architect as Agent —• Powers. A provision in a building contract that there was other work to be done and material to be furnished not included in the general contract and that the architect was to arrange the prosecution of all work in order that different work could proceed concurrently, does not give the architect authority to bind the owner for work or materials not covered in the main contract, or make him the “agent” of the owner for the purpose of ordering materials that would be lienable without notice of delivery to the owner as required by Rem. Code, § 1133.</p>