City of Newberg v. Warren Construction Co.

On Petition for Rehearing.

(279 Pac. 644.)

BELT, J.

Counsel for defendants say the most “colossal blunder” made in our original opinion was in directing' that the expenses of the sale should be deducted before prorating proceeds of the sale to the contractors. We are more charitable. It is mildly suggested that if any mistake was committed it occurred when the contractors refused to accept the deeds tendered by the city. The city had one sale under the provisions of its charter. It is now compelled by reason of the defendants to have another. Common sense, as well as equity, dictates who should…