Legal Opinion

Sutherland v. Smith

Washington Supreme Court

Decided February 10, 1923No. 17408PublishedCited by 2 opinions

Appeal from a judgment of the superior court for King county, Tallman, J., entered June 22, 1921, in favor of the plaintiff, in an action on contract, tried to the court.

1Opinion of the CourtFullerton, J.

Respondent R. P. Sutherland and others, from whom he has assignments, were employed at the rate of $3.50 an hour by Stone & McGuire, subcontractors, to haul materials for a street grading job in the city of Seattle. For the performance of the work, the appellant J. L. Smith was the principal contractor, and had given the usual statutory bond required in such case. The subcontractors had failed to pay for the services of the respondent and his assignors, and this action was brought to recover therefor against Smith and his bondsman. The defense to the action was that, inasmuch as respondent…

2Cases cited5 opinions

  1. National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
  2. Bishop v. T. Ryan Construction Co.Washington Supreme Court · 1919
  3. Hurley-Mason Co. v. American Bonding Co.Washington Supreme Court · 1914
  4. Neary v. Puget Sound Engineering Co.Washington Supreme Court · 1921
  5. Bayley v. ParisWashington Supreme Court · 1919

3Cited by2 opinions

  1. Maryland Casualty Co. v. City of TacomaWashington Supreme Court · 1939
  2. Hendricks v. DahlgrenWashington Supreme Court · 1958

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