Bardwell v. Ziegler

The opinion of the court was delivered by

Dunbar, J.

By written contract between the parties; plaintiffs agreed to furnish defendant certain materials to be used in finishing a building in Spokane; certain of the materials to be furnished on board the cars at Minneapolis, on or before the 15th day of December, 1889, and certain other materials, to wit, the doors and paneled wainscoting and stairs, on or before the first day of January, 1890, and this provision occurs in the contract:

“And the second party, for and in consideration of the first party’s completely and faithfully executing the…