Washington Asphalt Co. v. Harold Kaeser Co.

This is a motion by respondent George V. Nolte & Company, a corporation, to (a) dismiss the appeal; (b) affirm its money judgment; and (c) allow it damages, pursuant to Rules on Appeal 51 and 62, 34A Wn. (2d) 55, 65.

The crux of the problem presented is whether “the appeal was taken merely for delay.” Rule on Appeal 51, 34A Wn. (2d) 55.

Respondent, as subcontractor, sued appellant, the prime contractor, its bondsman, and the city of Kirkland, for work, labor, and materials furnished. As an affirmative defense, appellant pleaded: that in accordance with the contract with respondent, no sums were…