City of Seattle v. Kuney

The city of Seattle appeals from a judgment dismissing its action with prejudice, a demurrer having been sustained to its complaint. The trial court concluded that the action had not been commenced within the time fixed by the written contract of the parties.

The complaint alleges: (1) that defendant copartners entered into a written contract with plaintiff, on or about July 30, 1948, to build a public safety building for plaintiff in accordance with certain plans and specifications made a part of the contract; (2) that the contract and specifications provide for the use of “traditional sand…