79 Wn.2d 431, H. O. MEYER DRILLING CO., INC., Respondent, v. ALTON V. PHILLIPS CO., INC., et al., Petitioners

[No. 41610. En Banc.      Supreme Court      July 1, 1971.]

H. O. MEYER DRILLING CO., INC., Respondent, v. ALTON V.
                PHILLIPS CO., INC., et al., Petitioners. *

STAFFORD and ROSELLINI, JJ., dissent by separate opinion; WRIGHT, J., did not participate in the disposition of this case.

Review of a decision of the Court of Appeals, May 4, 1970, 2 Wn. App. 600. Affirmed.

The Court of Appeals reversed a judgment of the Superior Court for King County, No. 692449, Story Birdseye, J., entered July 11, 1968. Respondents (defendants) petitioned the Supreme Court for review.

Action on a contract. Plaintiff appealed to the Court of Appeals from a summary judgment of dismissal.

Lycette, Diamond & Sylvester and John N. Sylvester, for petitioners.

Johnson, Jonson & Inslee, James C. Hanken, Carl A. Jonson, and Gerald G. Day, for respondent.

PER CURIAM. -

In this cause we granted a petition to review the decision of the Court of Appeals, as reported in 2 Wn. App. 600,468 P.2d 1008 (1970).

Our decision in Murphy v. Campbell Inv. Co., 79 Wn.2d 417, 486 P.2d 1080 (1971), contemporaneously filed, involves and affirmatively resolves the basic question presented in this action, i.e., whether a contractor's substantial compliance with the registration requirements of RCW 18.27 (the contractors registration act) satisfies the policy of that statute. The essential facts in the instant case, as well as the determination of the Court of Appeals, are in accord with the Murphy case. Disposition of this cause is, therefore, controlled by Murphy.

The decision of the Court of Appeals is affirmed.

STAFFORD, J. (dissenting) - The reasons for my dissent have been set forth at length in Murphy v. Campbell Inv.

 432    HUBERDEAU v. DESMARAIS          [July 1971 
           79 Wn.2d 432, 486 P.2d 1074

Co., 79 Wn.2d 417, 486 P.2d 1080 (1971). Nothing will be gained by repeating them in the instant case.

ROSELLINI, J., concurs with STAFFORD, J.