McKenzie v. Oregon Improvement Co.

The opinion of the court was delivered by

Dunbar, J.

The respondents were railroad contractors and builders, and in May, 1890, entered into a contract with the Seattle.& Northern Railway Company for clearing and grading a certain number of miles of roadbed and laying a certain number of miles of .track. After the completion of the work contracted for, a settlement was made, and a balance of account struck between the parties, by which it appeared that over forty thousand dollars was due the respondents. The Oregon Improvement Company, as the financial agent of the Seattle & Northern Railway…