City of Washington v. Brown-Crummer Investment Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on a breach of contract for the purchase of an issue of improvement bonds which the plaintiff city sold and delivered to the defendant investment company. The defense was that the delivery of the bonds was so long delayed that defendant was not bound to accept the bonds at the agreed price, and that the incidental rights and liabilities of the parties were settled by accord and satisfaction.

The facts were mainly these: In 1919 the city of Washington undertook to pave some of its streets. The defendant, desiring…