Abernethy v. Town of Medical Lake

Citations

• 9 Wash. 112
• 37 P. 306
• 1894 Wash. LEXIS 266

Syllabus

<p>REINCORPORATION OP ILLEGAL TOWNS — VALIDATION OP CONTRACTS — ISSUANCE OP IRREGULAR WARRANTS — REMEDY.</p> <p>Under the act of March 9, 1893, legalizing the reincorporation of towns theretofore illegally incorporated, and validating the contracts of such towns, a contract to pay the bondsmen of a contractor for finishing the grading of a street, which the contractor had failed to complete under a contract providing for payment at the expense of abutting property owners, is a binding obligation on the town.</p> <p>Where a claim against a town has been allowed, and irregular warrants issued therefor, which the treasurer refuses to pay, the claimant is not entitled to an action against the town upon the original contract, but must first move the ministerial officers, by request or mandamus, to the issuance of proper warrants.</p>