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HAYES v. GWINN

No. 33871.

49 Wn.2d 908 (1957)

307 P.2d 1063

AL HAYES, Appellant, v. G. WELDON GWINN et al., Respondents.

The Supreme Court of Washington, Department One.

Petition for rehearing granted June 25, 1957.

Attorney(s) appearing for the Case

Alvin J. Ziontz and Joseph B. Smith, for appellant.

Taylor & Taylor, for respondents.

MALLERY, J.

Mr. and Mrs. E.D. Head contracted with G. Weldon Gwinn for the construction of a residence on Mercer Island. Plaintiff, Al Hayes, thereafter entered into an oral subcontract with Gwinn to furnish and install a radiant heating system in the floor. The plaintiff commenced to furnish the materials on February 12, 1955. He did not give the notice of commencing deliveries of materials that RCW 60.04.020 [cf.

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