City of Lansing v. Van Gorder

Van Gorder was contractor with the city of Lansing for grading one of its streets, the expense of which was assessed upon the adjoining proprietors. Under the charter, and by the express terms of the contract, Van Gorder was to be paid from the fund realized from this special assessment.

The assessment was levied, collected and paid over to the city treasurer, and Van Gorder performed a large portion of the work under his contract and received the larger portion of the. contract price, when the' common council, being dissatisfied with his progress, employed another person to complete the work,…