Dickerson v. City of Spokane

Citations

• 35 Wash. 414
• 77 P. 730
• 1904 Wash. LEXIS 465

Syllabus

<p>Contracts — Construction—City Order — Payable from Certain Fund. An order, drawn upon a city by a contractor constructing water works, requesting payment of a certain sum “out of any moneys belonging to me, or that may hereafter he due me on the water works contract, either in the twenty per cent reserve, or on account of money to he due me on account of •final estimate,” is payable only out of said reserve or final estimate, and not out of semimonthly payments falling due as the work progressed.</p> <p>Municipal Corporations — Order Payable According to Its Terms — City Comptroller’s Admission. A city comptroller, •upon filing an order on the city, drawn by a contractor, has no •power to hind the city or create a liability beyond the terms of the order, by stating that it is all right and would be paid.</p> <p>Same — Pleading and Proof — Original Consideration for Order When Inadmissible. In an action upon an order, drawn by a contractor upon a city, seeking to recover thereon and not on the original consideration, evidence showing that such consideration was labor or material furnished the contractor, making it a preferred claim, is inadmissible, although such consideration is alleged in the complaint, as plaintiff cannot assert that the order is payable otherwise than according to its terms.</p>