82 Wash. 51 | Wash. | 1914
This action was instituted for the purpose of recovering upon a surety bond for material furnished to T. Strauser and son, who had a contract for the construction of the Northern Hospital for the Insane, at Sedro Woolley, Washington. The cause was tried to the court sitting without a jury. Judgment was entered for the plaintiffs. The defendant Fidelity & Deposit Company of Maryland appeals.
The facts in this case are not materially different from those in the case of Wheeler, Osgood Co. v. Fidelity & Deposit Co., 78 Wash. 328, 139 Pac. 53. The plaintiff here occupies a corresponding position to the Wheeler, Osgood Company in that case. The principal question involved is whether the board of control, in the contract which it made with Strauser and son, had delegated to the architects the power to accept the building. In the Wheeler, Osgood Co. case, it was held that, under the terms of the contract, such power was given to the architects and that the architects had, in fact, accepted the building on December 6, 1912. The claim against the bond in the present case was filed with the board on January 8, 1913. Without detailing the facts or reviewing the law, it may be said that the decision of this question has been determined adversely to* the contention of the respondent in the Wheeler, Osgood Co. case.
The other point involved is whether the board had the power to delegate to the architects the right to accept the building when it should conform to the contract. The law appears to be that, where the body acting for the state, county, municipality, or other public body, has been given power, by
The respondent, however, claims that, since the statute, Rem. & Bal. Code, § 1161 (P. C. 309 § 97) provides that the claim against the bond must be filed within thirty days from and after the completion of the contract and the acceptance of the work by the board, therefore, the board had no power to delegate to the architects the right to accept the building. It is true, the statute says that the claim must be filed within thirty days after the acceptance of the work “by the board,” but this falls short of being a limitation upon the board’s right to delegate to the architect the right to determine when the building conformed to the contract and specifications. The.board having constituted the architects its agent while acting within the powers conferred,
The judgment of the superior court will be reversed, and the cause remanded with direction to dismiss.
Chow, C. J., Ellis, and Gose, JJ., concur.