Rogers v. City of Omaha

Oldham, C.

This was an action brought- by tbe plaintiff in tbe court below against tbe city of Ornaba to recover a balance alleged to be due on a contract for grading Mason street,between Eleventh - and Thirteenth streets in said city; entered into between defendant city and plaintiff’s assignors, Cash Brothers. Tbe petition discloses that tbe balance sued for represents tbe amount unpaid upon certain warrants issued to the plaintiff’s assignors, drawn against a fund which tbe city undertook'to create by special assessment upon tbe property abutting upon tbe street graded. This assessment bad…