Morehouse v. Clerk of Edmonds

Citations

• 70 Wash. 152
• 126 P. 419
• 1912 Wash. LEXIS 1019

Syllabus

<p>Municipal Corporations — Improvements-—Acceptance of Work —Conclusiveness. Tbe failure of a city contractor to pay into a local improvement fund the amount of fixed charges, and to mix concrete by band, as required by bis contract, will not prevent recovery for tbe work on completion of tbe same, where tbe city engineer who bad supervision of tbe work permitted mixing by a machine, and tbe governing body authorized by tbe contract accepted tbe work when completed; such acceptance being conclusive and a valid waiver of strict compliance with tbe contract.</p> <p>Same — Acceptance of Work. Acceptance’ of public work by a “street committee” of tbe city council, required by tbe contract, is dispensed with by an independent acceptance by tbe city council which created tbe committee.</p> <p>Same — Acceptance—Engineer’s Certificate — Withholding. A city engineer, made by contract tbe judge of when tbe work is completed, cannot arbitrarily and capriciously refuse to accept a public improvement, or withhold bis certificate because tbe contractor refused to bear tbe burden of tbe former’s errors.</p>