Legal Opinion

Title Guaranty & Surety Co. v. Coffman, Dobson & Co.

Washington Supreme Court

Decided July 9, 1917No. 13946PublishedCited by 10 opinions

Appeal from a judgment of the superior court for Lewis county, Rice, J., entered June 26, 1916, upon findings in favor of the defendants, in an action by a surety to determine the validity of claims to a fund due a contractor on state work, tried to the court.

1Opinion of the CourtHolcomb, J.

On the 5th day of September, 1913, Hurley & Henry entered into a contract with the state highway board to construct a bridge across the Cowlitz river, in Lewis county, Washington. Appellant became surety for the contractors, giving the usual statutory bond on September 15, 1913. The contract was what is commonly known as a lump-sum contract, providing that the contractors should be paid at intervals of one month, based on estimates of the work done during such period, and that twenty per cent of the contract price should be retained by the highway board for a period of thirty days to…

2Cases cited10 opinions

  1. Puget Sound State Bank v. GallucciWashington Supreme Court · 1914
  2. Crane Co. v. Pacific Heat & Power Co.Washington Supreme Court · 1904
  3. Sturtevant Co. v. Fidelity & Deposit Co.Washington Supreme Court · 1916
  4. Northwestern National Bank v. Guardian Casualty & Guaranty Co.Washington Supreme Court · 1916
  5. Gilbert Hunt Co v. ParryWashington Supreme Court · 1910

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3Cited by10 opinions

  1. State Ex Rel. Farmers State Bank v. Ed Cox & SonSouth Dakota Supreme Court · 1965
  2. American Savings Bank & Trust Co. v. National Surety Co.Washington Supreme Court · 1919
  3. Murchison National Bank of Wilmington v. ClarkSupreme Court of North Carolina · 1926
  4. State ex rel. State Bank of Seattle v. ScottWashington Supreme Court · 1918
  5. Mount v. Rockford State BankWashington Supreme Court · 1925

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