Barber Asphalt Paving Co. v. Hamilton

Citations

• 80 Wash. 51
• 141 P. 199
• 1914 Wash. LEXIS 1261

Syllabus

<p>Appeal—Decisions Reviewable—Cessation oe Contbovebsy. An appeal from the dismissal of an action to restrain the county commissioners from re-letting a contract for highway construction, and from interfering with the plaintiff in the performance of a contract let to it for the same work, will he dismissed on account of cessation of the controversy, where, pending the appeal, it is made to appear by uncontroverted affidavits that the contract has already been relet to another, who is performing and had approximately completed the work.</p> <p>Injunction—Bbeach op Contract—Damages — Pleadings — Issues. An action to enjoin the county commissioners from re-letting a contract for state highway work, under 3 Rem. & Bal. Code, § 5879-1 et seq., and from interfering with the plaintiff in the performance of a contract let to it for the same work, does not state a-cause of action for damages, where neither the county nor state was made a party, and there was no allegation of the incurring of expense or of possible profits in the performance of plaintiff’s contract; and mere uncertainty in the measure of damages is not ground for maintaining an action to restrain a breach of contract.</p>