State ex rel. Murphy v. Coleman

Citations

• 71 Wash. 15
• 127 P. 568
• 1912 Wash. LEXIS 682

Syllabus

<p>Municipal Corporations — Improvements'—Special Assessments —Right to Compel Levy. A contractor on public work may maintain an action in mandamus to compel tbe city authorities to levy a special assessment to pay for the work, and is not compelled to resort to an action for damages for breach of the city’s contract.</p> <p>Pleading — Amendment—Discretion. Refusing permission to amend an answer upon sustaining a demurrer thereto, is within the discretion of the trial court, which will not be disturbed except for abuse; and no abuse appears, where the proposed amended answer states no additional facts or defenses material to the action not already pleaded in the original answer (Chadwick and Fullerton, JJ., dissenting).</p> <p>Municipal Corporations — Improvements — Contracts—Certificate by Engineer — Effect—Fraud. Where a contract for public work placed the same under the complete charge of the city engineer, making him an arbitrator between the contractor and the city, and required him to supervise the work as it progressed, and on the completion of the work, to make final estimates and give a written certificate of the amount due, and that, upon the filing of such certificate, the city council should proceed to levy assessments therefor, the city is bound by the engineer’s final certificate, even though it be fraudulently given, where the contractor did not participate in the fraud and was guilty of no collusion, and no complaint was made during the progress of the work.</p>