Hellar v. City of Tacoma

Citations

• 44 Wash. 250
• 87 P. 130
• 1906 Wash. LEXIS 821

Syllabus

<p>Municipal Corporations — Contract for Local Improvements— Time of Performance — Validity. Under a city charter and contract for improving a street, providing for a demurrage of $25 per day if the work is not completed within one hundred and twenty days after execution of the contract, and that the work shall be completed within one hundred and sixty days, and the contract void and all pay forfeited for failure “on the part of the contractor” to complete the same within such time, the contract is not avoided, by failure of the contractor to complete the work within such time, where he delayed the work for some months after it was nearly completed, at the direction of the commissioner, and for the benefit of the city/ the work being required to be done under the direction and to the satisfaction of the commissioner; since the delay was not due to the “failure of the contractor.”</p>