Bank of British Columbia v. City of Port Townsend

Citations

• 16 Wash. 450
• 47 P. 896
• 1897 Wash. LEXIS 342

Syllabus

<p>ACTION UPON STREET GRADE WARRANTS — PLEADING — ALLEGATION OE DAMAGE.</p> <p>In an action against a city to recover the amount due upon street grade warrants, an allegation in the complaint that the city duly made and entered into the contract for the street improvement, set forth therein, is sufficient to admit proof of the ordinance and of all other facts necessary to show jurisdiction to make the improvement and contract.</p> <p>Where a city has issued a warrant payable out of a special fund, which it has agreed to provide for the payment of such warrant, its failure to provide such fund, until the bar of the statute of limitations intervenes, will entitle the holder of the warrant to bring an action thereon for the purpose of procuring payment out of the general fund, or the issuance of a warrant to him upon the general fund.</p> <p>A complaint for recovery of damages, which omits to formally aver that plaintiff was damaged, is not demurrable upon that account, if it contains a prayer for judgment in a specified amount.</p>