DeBlasio v. Town of Kittitas

This action arose out of a contract between the town of Kittitas (appellant) and J. M. DeBlasio (respondent), whereby the latter agreed to construct certain trunk and lateral sewers.

The contract was executed January 9, 1950, and the work was completed July 5,1950. Appellant had then paid respondent, on monthly estimates signed by appellant’s engineer, all of the contract price except fifteen per cent thereof (being the statutory retained percentage), amounting to $4,-157.15. About three months later, respondent demanded payment of this amount, but appellant failed to release the retained…