City of Seattle v. Northern Pacific Railway Co.

Plaintiff, the city of Seattle, brought suit upon a written agreement made with defendant, Northern Pacific Railway Company, and sought thereby to recover the sum of $6,117.47 alleged to be due and owing from the railway company as its proportionate share of the cost of reconstructing the approaches to two bridges located within the city. Defendant admitted that $3,290.27 was due and owing from it and tendered the conceded amount by paying it into court. Plaintiff declined to accept the tender as full payment and proceeded with its action. Upon a trial without a jury, the court found that the…