City of Spokane v. Costello
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Belt, J., entered February 11, 1903, upon the verdict of a jury rendered in favor of the plaintiff by direction of the court, upon defendants’ opening statement to the jury, and after overruling defendants’ motion for a nonsuit
1Opinion of the CourtFullerton, C. J.
On September 12, 1899, the city of Spokane entered into a contract in writing with the appellant Costello, whereby the latter, for a consideration mentioned in the oontract, undertook to grade and otherwise improve Flora Avenue from Division to Oolumbus streets, the same being a public street within the corporate limits of the city of Spokane. The contract contained, among others, the following provision:
“It is further agreed between the parties hereto, that during the continuance of the work herein agreed to be done, the party of the second part shall put up and maintain, at all times, such…
2Cases cited1 opinion
- Born v. City of SpokaneWashington Supreme Court · 1902
3Cited by7 opinions
- City of Seattle v. John C. Regan & Co.Washington Supreme Court · 1909
- Kibler v. Maryland Casualty Co.Washington Supreme Court · 1913
- City of Spokane v. CostelloWashington Supreme Court · 1906
- City of Seattle v. ShorrockWashington Supreme Court · 1918
- National Surety Co. v. Fry Co.Washington Supreme Court · 1915
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