Tacoma Bituminous Paving Co. v. Sternberg

Citations

• 26 Wash. 84
• 66 P. 121
• 1901 Wash. LEXIS 610

Syllabus

<p>STREET IMPROVEMENTS-CONTRACT EOR PAYMENT-INTEREST ON WARRANTS-MANDAMUS.</p> <p>Where an ordinance providing for a street improvement created a special fund out of which the warrants drawn in favor of the contractor for the work should be paid; and the contract between the' city and the contractor stipulated that warrants drawn thereon to the amount of the contract price were to be received in payment, but that the assessment should not become due prior to two years and one-half after the completion of the improvement; and an assessment roll was duly made and approved by the city fixing the date of delinquency on the assessments for such improvement at a period nearly two and one-half years subsequent to the completion of the improvement, mandamus would not lie to compel payment of interest from the local improvement fund upon warrants issued against it and presented prior to the date of delinquency of the special assessment levied for the creation of such fund, since interest thereon would not begin to run until such delinquency.</p>