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WASHINGTON ETC. CO. v. HAROLD KAESER CO.

No. 34420.

51 Wn.2d 89 (1957)

316 P.2d 126

WASHINGTON ASPHALT COMPANY, Respondent, v. HAROLD KAESER COMPANY et al., Appellants. GEORGE V. NOLTE & COMPANY et al., Respondents, v. HAROLD KAESER COMPANY et al., Appellants.

The Supreme Court of Washington, Department One.

October 3, 1957.

Attorney(s) appearing for the Case

Taylor & Taylor, for appellant.

Sherwood & Forrest, for respondent.

WEAVER, J.

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...

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