Waldy v. City of Seattle

Citations

• 93 Wash. 407
• 161 P. 65
• 1916 Wash. LEXIS 1216

Syllabus

<p>Appeal — Record—Exhibits. Exhibits cannot be made a part of the record hy being included in or attached to the clerk’s transcript, but must be brought up hy statement of facts or hill of exceptions.</p> <p>Municipal Corporations — Public Improvements — Contract—Authority — Ordinance. An ordinance authorizing the board of public works to construct a railroad in accordance with plans and specifications to be prepared by the city engineer is broad enough to include authority to repair and reconstruct portions of the roadbed that had been damaged or destroyed by a thaw.</p> <p>Same — Public Improvements — Contract—Performance — Extra Work — Acceptance—Presumption. In an action to recover for extra work on a city contract, the city cannot set up that the price therefor was not first agreed upon, as required hy the contract, where the findings were silent on that subject and the presumption was that the city engineer had performed his duty in that respect; especially where the work was performed for a price fixed in the contract for extra work providing no price could he agreed upon in writing, and the work was accepted hy the city.</p> <p>Same — “Claims for Damages” — Piling — Action on Contract. Where a contract for city work was entered into and performed, and the contractor sued for the balance due thereon, the action is on contract, and not for damages arising out of the breach thereof; hence a claim for damages is not a condition precedent to action under a charter provision requiring “all claims for damages” to he filed as therein provided.</p> <p>Same — Public Improvement — Contract—Assignment ■— Findings —Sueeiciencv. Findings that an assignee of a city contract and the city engineer, who had control of the work, jointly hired plaintiff to perform the extra work required to complete the work, which was done at the price called for in the contract, are reasonably susceptible of the construction that plaintiff was assignee of the contract, and hence entitled to