Brear v. Washington State Highway Commission

Walter Brear, plaintiff-respondent, brought the present action to foreclose a statutory lien for the contract price of crushed rock he supplied to Washington Asphalt Company, defendant-appellant, for use in constructing the approaches to the Hood Canal bridge. The amount due Brear from Washington Asphalt on account of this bridge job (contract #6151) is not in dispute, and Brear has received payment on the amount due, less the sum of $2,934.16, claimed and withheld by Washington Asphalt Company as a setoff. The propriety of the alleged setoff, the principal issue in this appeal, involves…