Dyer Bros. Golden West Iron Works v. Pederson

Citations

• 112 Wash. 390
• 192 P. 1002
• 1920 Wash. LEXIS 787

Syllabus

<p>Municipal Corporations (163)—Improvements—Contracts—Sub-letting—Violation of Charter—Rights and Liabilities of Parties. A subcontract for part of the -work of constructing a bridge, entered into in violation of a charter provision “that no contract shall be sublet except for the furnishing of material, without the previous consent of the city council,” is voidable at the election of either party thereto prior to consent by the city council; and when so avoided by breach thereof and notice of abandonment of the work by the subcontractor, all claimed rights of the parties thereunder as then or thereafter accruing, as in case full performance had been made, ceased to exist and it could no longer he the basis of an action for its breach.</p> <p>Same (181) —Contract — Breach — Rights of Parties Under Voidable Contract. Although such contract was voidable at the election of either party thereto prior to consent by the city council, and was unenforceable as an executed contract, nevertheless, it not being immoral or void for want of consideration, there was created an enforceable legal obligation in favor of the subcontractor for services rendered thereunder up until the time of his abandonment of the work, the value cf which will be measured by the terms of the contract; and. it appearing that the subcontract was half completed at the time of its abandonment and that the contractor had paid thereon more than half the total contract price, such payment constituted a complete satisfaction of the obligation arising in favor of the subcontractor and he could recover nothing more under the contract.</p> <p>On Rehearing.</p> <p>Same (154, 181)—Improvements — Contracts — Validity — Subletting— Violation op Charter — Breach op Contract — Rights and Liabilities op Parties. A charter provision against, the subletting of a city contract without the consent of the city is for the sole benefit of the city and does not invalidate a subcontract as between the parties to it, until the