Northwest Roads Co. v. Clyde Equipment Co.

This is an appeal from a judgment rendered in favor of plaintiff for rental of machinery and equipment furnished by plaintiff to one Poulsen and his assignee who were obliged under a contract with the defendant Northwest Roads Company to furnish and crush rock to be used by said defendant in the construction of roads.

The defendant Northwest Roads Company, referred to hereinafter as the contractor, entered into two contracts with Clallam county, Wash., to construct approximately twelve miles of hard surfaced highway in Clallam county. The contracts were identical except as to location, quantity of work and materials, and contract price. The contracts provided that the contractor should “do all work and furnish all materials necessary” to construct the highways, in accordance with plans and specifications attached to and made a part .of the contracts.

In the plans and specifications it was provided as to the crushed rock to be used:

The contract also provided:

About a week after these contracts were entered into, the contractor entered into an agreement with one Poulsen, wherein it was stated:

“Whereas, the party of the first part desires to sublet that part of the contract it…