Legal Opinion

Little v. City of Portland

Oregon Supreme Court

Decided October 8, 1894PublishedCited by 37 opinions

Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought by E. C. Little, as assignee of the Oregon Paving and Contract Company, against the City of Portland, for damages caused by the nonpayment of certain warrants amounting to one thousand one hundred dollars, drawn by the defendant upon a special fund to be raised by assessment of real property benefited by the improvement of Twelfth Street in said city.

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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought by E. C. Little, as assignee of the Oregon Paving and Contract Company, against the City of Portland, for damages caused by the nonpayment of certain warrants amounting to one thousand one hundred dollars, drawn by the defendant upon a special fund to be raised by assessment of real property benefited by the improvement of Twelfth Street in said city. The facts out of which the cause of action arose and upon which the complaint was based are identical with those stated in the case of the Commercial National Bank v. City…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

1. The questions presented relate to the alleged error of the court in sustaining the demurrer. It is contended that where a city is not vested by its charter with power to improve streets and pay the expense thereof out of the general fund, it cannot be held liable on account of a breach *242of duty on the part of its officers in a case where the contractor agrees to look for his compensation to the fund to be raised by assessing the property benefited by such improvement, unless the city can reimburse itself from such assessment. This question was fully discussed by…

2Cases cited24 opinions

  1. Mandeville v. WelchSupreme Court of the United States · 1820
  2. Grant v. City of DavenportSupreme Court of Iowa · 1873
  3. Buchanan v. LitchfieldSupreme Court of the United States · 1880
  4. City of Springfield v. EdwardsIllinois Supreme Court · 1877
  5. Grain v. AldrichCalifornia Supreme Court · 1869

19 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Kadderly v. PortlandOregon Supreme Court · 1903
  2. Public Market Co. v. City of PortlandOregon Supreme Court · 1942
  3. DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
  4. German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
  5. City of Long Beach v. LisenbyCalifornia Supreme Court · 1919

32 more not listed; retrieve them via the Exa API.

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