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AUSTIN v. C.V. WILDER & CO.

No. 37010.

65 Wn.2d 456 (1965)

397 P.2d 1019

CLYDE AUSTIN, Respondent, v. C.V. WILDER & CO., INC., Appellant.

The Supreme Court of Washington, Department Two.

January 7, 1965.

Attorney(s) appearing for the Case

Livesey, Kingsbury & Livesey, by George Livesey, Jr., for appellant.

David E. Rhea, for respondent.

WEAVER, J.

May 28, 1959, defendant (appellant) Wilder & Co. contracted to construct a sanitary sewer project for the City of Bellingham.

The contract provided:

"The said Contractor [Wilder & Co.] agrees to pay the wages of all persons and for assistance of every kind employed upon or about said work, and for all materials purchased therefor, and the City of Bellingham may withhold any and all payments...

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