Wilkin v. Ellensburgh Water Co.

The opinion of the court was delivered by

Anders, C. J.

At the time of the commencement of this action Frank H. Wilkin and Thomas T. Wilson *237(plaintiffs below) were copartners doing business under the firm name of Wilkin & Wilson, and defendant in error was a corporation duly organized under the laws of the then Territory of Washington. On the 14th day of October, 1886, plaintiffs and defendant entered into the following agreement in writing:

“ Know all men by these presents, that the Ellensburgh Water Company has this day let unto E. H. Wilkin and T. T. Wilson a contract to construct certain…