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JOHNSON SERVICE CO. v. ROUSH

No. 35319.

57 Wn.2d 80 (1960)

355 P.2d 815

JOHNSON SERVICE COMPANY et al., Respondents, v. LEO ROUSH et al., Defendants, AMERICAN SURETY COMPANY OF NEW YORK et al., Appellants.

The Supreme Court of Washington, Department One.

October 6, 1960.

Attorney(s) appearing for the Case

Lewis L. Stedman and Clifford O. Moe, for appellant American Surety Company.

Charles K. Rice, Lee A. Jackson, A.F. Prescott, Carolyn R. Just, Dale M. Green, and Robert L. Fraser, for appellant United States.

The Attorney General and James A. Furber, Assistant, for respondent State of Washington.

Gibson & Palmer, for respondent Westover and Hope.

Ries & Kenison, for respondent Moses Lake Consolidated School District.

DONWORTH, J.

This case involves the priority of payments from a fund of $16,118.54, which constitutes the unpaid balance on the contract price under a construction contract. The adverse claimants are the federal government, the Washington State Tax Commission, the American Surety Company of New York, Moses Lake Consolidated School District No. 161, and the contracting firm of Westover and Hope.

The case comes to us upon a short record. The facts are stipulated...

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