Everett v. City of Arkansas City

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover interest on a delayed payment for the construction of a sewer. A motion for judgment on the pleadings was sustained, and plaintiff appeals.

The interest in question covers a period from January 23, 1922, the date the sewer was completed and accepted by the city, to October 4, 1922, the date when settlement was made of the principal amount ($116,232).

The defendant city contends it was prevented from making settlement, during a part of the delinquent period, by a mandamus action filed against it in this court by…