Shanstrom v. Case

Citations

• 103 Wash. 672
• 175 P. 323
• 1918 Wash. LEXIS 1139

Syllabus

<p>Municipal Corporations — Public Works — Operating Asphalt Plant — Fixing Price. The city of Seattle cannot legally sell the product of its asphalt plant without an ordinance fixing the price at which it can be sold, in view of Seattle Charter, art. 4, § 18, subd. 12a, which provides that the city may “by ordinance and not otherwise” operate asphalt plants and fix the price at which such materials may be sold.</p> <p>Municipal Corporations — Taxpayer’s Action — Injunction—• Illegal Sale of Asphalt. A taxpayer being presumptively damaged by the unlawful expenditure of public moneys, may maintain an action to enjoin the city from illegally selling the product of its asphalt plant without an ordinance fixing the price at which it may be sold.</p> <p>Appeal — Review—-Parties Entitled. Errors cannot be urged by respondents without taking a cross-appeal.</p>