Times Printing Co. v. City of Seattle

Citations

• 25 Wash. 149
• 64 P. 940
• 1901 Wash. LEXIS 375

Syllabus

<p>APPEAL-STATEMENT OP PACTS-SERVICE ON ATTORNEY.</p> <p>Under Bal. Code, § 4889, which provides the manner of making service of notices necessary in the conduct of actions, and declares that the services may be personal or by delivery to the party or attorney on whom service is required to be made, or it may be as follows: “If upon an attorney, it may be made during his absence from his office by leaving the papers with his clerk therein, or with a person having charge thereof; or, when there is no person in the office, by leaving it between the hours of six in the morning and nine in the evening in a conspicuous place in the office,” service of a proposed statement of facts on appeal, made upon a clerk, is insufficient, when the attorney himself is present in the office.</p> <p>CITY PRINTING-WRONGFUL AWARD-INJUNCTION-SUFFICIENCY OF COMPLAINT.</p> <p>In an action of injunction to compel a city to award its public printing to plaintiff and to prohibit its publication in a newspaper to which the city had awarded the contract, the complaint states a cause of action when it alleges that the city called for bids for city printing under the terms of its charter which required the city council to designate as city official newspaper that newspaper whose owner offered the lowest proposals; that_plaintiff filed a bid to do the city printing for 21 cents per inch for the first insertion, and 20 cents per inch for each subsequent insertion; that the bid accepted by the city from plaintiff’s competitor was for 35 cents per inch for the first insertion, and 30 cents per inch for subsequent insertions, measurement to be by nonpareil type, matter set solid; that plaintiff’s bid was rejected on the ground that it was indefinite, but plaintiff alleges it was made in view of a general existing custom that city printing was measured in nonpareil type, matter set solid, and that this fact was well known to the city council before it made its award; that the award to plaintiff’s compet