Thomas & Co. v. City of Olympia

The opinion of the court was delivered by

Hoyt, C. J.

The object of this action was to establish a liability against the respondent for certain warrants issued to the contractor in payment for work done upon a contract for the grading of a street; These warrants were primarily payable out of a special fund, which it was provided by ordinance should be created by an assessment to be levied upon the property to be benefited by the work, and it was *466claimed that by reason of the negligence of the officers of the city in failing to create such fund, the city had become liable to pay the warrants out…