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NATIONAL ETC. CO. v. AM. SURETY CO. OF NEW YORK

No. 31988.

41 Wn.2d 260 (1952)

248 P.2d 547

NATIONAL BLOWER & SHEET METAL COMPANY et al., Respondents, v. AMERICAN SURETY COMPANY OF NEW YORK, Appellant.

The Supreme Court of Washington, Department Two.

October 2, 1952.

Attorney(s) appearing for the Case

Lewis L. Stedman (of Stedman & Stedman), for appellant.

Joseph H. Gordon and Henderson, Carnahan, Thompson & Gordon, for respondents National Blower & Sheet Metal Company and Tacoma Glass Company.

Merwin E. Casey, for respondent F.T. Crowe & Company, Inc.

Eisenhower, Hunter & Ramsdell, for respondent Larsen Brothers Painting Company.

HILL, J.

The question of what constitutes acceptance of work within the purview of Rem. Rev. Stat., § 1161 [P.P.C. § 180-47] (which differs somewhat from RCW 39.08.030-.060, inclusive), is again before the court.

Ruff Construction Company built an addition to and remodeled the Edgemont school for Pierce county school district No. 342. The American Surety Company of New York, appellant here, executed the performance bond.

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