Jackson v. City of Walla Walla

Citations

• 130 Wash. 96
• 226 P. 487
• 1924 Wash. LEXIS 831

Syllabus

<p>Arbitration and Award (3) — Agreement to Arbitrate — Condition Precedent to Action. Where a contract for extensions and improvements to a city water system provided for arbitration of disputes that might arise, a contractor is not justified in terminating the contract on the city council’s refusal to allow his claim in a dispute over the engineer’s estimates, but the agreement for arbitration will be enforced against him according to its terms.</p> <p>Same (3) — Offer to Arbitrate — Tender After Default of Contractor. In such a case, a communication from the contractor to the city to the effect he is willing to submit the matter to arbitration according to the contract comes too late after he has wrongfully terminated the contract, refused to proceed thereunder, and permitted the city to declare a forfeiture for his default.</p> <p>Pemberton, J., dissents.</p>