Hamilton v. Whittaker

The question presented by this appeal is whether, under the statutes governing public contracts, a charge for freight, or the cost of transportation of equipment used by a contractor in the performance of his contract, is an enforcible claim against the retained percentage, or against the bond filed by the contractor?

The two cases presenting the question were consolidated for trial and will be so considered on this appeal.

The trial court found that the charges were not lienable and entered judgment accordingly.

Appellants’ assignment of error challenges the correctness of the judgment of the…