North Western Lumber Co. v. City of Aberdeen

The opinion of the court was delivered by

Reavis, J.

Plaintiff in its complaint set forth three causes of action, the first being that in December, 1890, the defendant city entered into a contract with one Smith, and under the terms of the agreement Smith was to plank and improve Market street, and receive payment therefor in warrants drawn to his order, payable from a special assessment to be collected from an assessment district for which the improvement was made, and that the city agreed without neglect to collect the warrants, and without delay to pay the same; that the warrants were duly…