LANO v. OSBERG CONSTR. CO.

No. 39950.

77 Wn.2d 369 (1969)

462 P.2d 923

E.F. LANO et al., Appellants, v. OSBERG CONSTRUCTION COMPANY, Respondent.

The Supreme Court of Washington, Department One.

December 11, 1969.


Attorney(s) appearing for the Case

Lester Stritmatter and Schumacher & Charette, by John W. Schumacher, for appellants.

Elliott, Lee, Carney, Thomas & Smart, by Fred T. Smart, for respondent.


HAMILTON, J.

This is an appeal by plaintiffs from a judgment for damages entered in an action for wrongful termination of a highway construction subcontract. The issue on appeal is limited to the propriety of the trial court's allowance of a counterclaim interposed by defendant, Osberg Construction Company, arising out of an assignment of bonding company claims against plaintiff. We outline briefly the pertinent circumstances.

In late 1958, the defendant ...

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