State ex rel. Warehouse & Realty Co. v. City of Spokane

Citations

• 65 Wash. 385
• 118 P. 321
• 1911 Wash. LEXIS 935

Syllabus

<p>Mandamus — To Oeeicers and Boards — When Lies — Contract Estimates. Mandamus is the proper remedy to compel a city engineer and board of public works to make estimates of work done by a contractor on public works, for which payment was to be made in warrants, which estimate they wrongfully and capriciously withheld in violation of the terms of the contract, notwithstanding the amount may be in dispute.</p> <p>Same — Nature oe Duty oe Oepicers. The duty of a city engineer and board of public works to make estimates called for in a contract made by the city is. not contractual, but is one imposed by law, where it falls within the general charter provisions as to their duties and powers.</p> <p>Appeal — Preservation oe Grounds — Exception to Findings. Error cannot be predicated upon the exclusion of evidence on a point in issue where no exceptions were taken to findings of fact establishing the facts thereon.</p>