Gordon v. Gillespie

• Decision Date: 03 June 1910
• Citation: 109 P. 109,58 Wash. 627
• Parties: GORDON v. GILLESPIE.
• Court: Washington Supreme Court

109 P. 109

58 Wash. 627

GORDON v. GILLESPIE.

Supreme Court of Washington

June 3, 1910

Department 2. Appeal from Superior Court, King County; J. T. Ronald Judge.

Action by E. M. Gordon against G. B. Gillespie. Judgment for plaintiff, and defendant appeals. Affirmed.

Chas E. McAvoy and Jno. Trumbull, for appellant.

Byers &amp Byers, for respondent.

RUDKIN, C.J.

On the 27th day of August, 1908, the parties to this action entered into the following written contract: 'Agreement, made and entered into this 27th day of August, 1908, by and between E M. Gordon, party of the first part, and G. B. Gillespie party of the second part, all of Seattle, King county, Washington, witnesseth: (1) The party of the second part agree, for the consideration hereinafter mentioned, to furnish all labor and material and to completely finish all of the painting, varnishing, tinting and staining which enters into the construction of the three story and basement brick apartment building situated upon the southeast corner of Harrison street and Queen Anne avenue in the city of Seattle, Washington. (2) The party of the second part further agrees to furnish all equipments, scaffolds, ladders, falls, canvas, clothes, etc., necessary for the completion of this work without cost to the party of the first part, and to carry out and complete the work before mentioned for the consideration of seventy-five (75) cents per hour for actual time spent by him overseeing and directing said work, further he is to receive the sum of four (4) dollars and fifty (50) cents per day from the party of the first part for the mechanics employed by him to execute said work, and also the actual cost of the material purchased and used for said painting, the party of the second part furnishing vouchers and pay rolls showing the actual cost of this work; the party of the second part guaranteeing to completely finish all said painting, varnishing, tinting and staining in a thoroughly first-class workmanlike manner under the direction and to the satisfaction of W. P. White, architect, and according to the requirements of the plans and specification prepared by said architect for said building, receiving therefor the actual cost of material, four dollars and fifty cents per day for the men employed, and seventy-five cents per hour for the actual time spent by him overseeing said work as before mentioned; the second party guaranteeing and agreeing that the cost of said painting shall not exceed the sum of one thousand five hundred (1,500) dollars. (3) The party of the first part agrees, in consideration of the conditions and obligations herein mentioned being performed and carried out, to pay the consideration hereinbefore mentioned in installments as follows: As work progresses sufficient money shall be advanced on each alternate Saturday to pay the wages of the men employed, bills for material purchased after being O. K.'d as correct by the party of the second part shall be delivered to first party who shall settle same directly with the firms furnishing said material; the seventy-five (75) cents per hour mentioned to be paid second party being retained until the completion of the work...