Frush v. City of East Portland

By the Court, McArthur, J.:

The respondent entered into a contract with the city of East Portland to improve a certain section of one of its *282streets, including a sidewalk and gutters, for which the city agreed ‘ ‘ to pay the amount found due, by warrants to be drawn on the fund to be collected and be paid into the city treasury for that purpose.” By stipulation filed it is admitted that the work itas duly performed and accepted, and that at the time of acceptance there was a balance found due the respondent amounting to four hundred and twenty-eight dollars. For this sum the city drew its…