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SUNDBERG v. BOEING AIRPLANE CO.

No. 34517.

52 Wn.2d 734 (1958)

328 P.2d 692

OSCAR SUNDBERG et al., Plaintiffs, v. BOEING AIRPLANE COMPANY et al., Respondents, F.B. TILLEY, Appellant.

The Supreme Court of Washington, Department One.

August 7, 1958.

Attorney(s) appearing for the Case

Felix & Abel and Don G. Abel, for appellant.

Wright, Booth & Beresford and Lewis L. Stedman, for respondent American Surety Company of New York.

OTT, J.

The parties involved in this proceeding are Oscar Sundberg and Sons, a copartnership, the Boeing Airplane Company, the American Surety Company of New York, and F.B. Tilley, doing business as Ace Appliance Company. They will hereafter be referred to as Sundberg, Boeing, the surety, and Tilley, respectively.

The facts relevant to this appeal are as follows:

February 8, 1955, Sundberg entered into an extensive

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