City of New Whatcom v. Bellingham Bay Improvement Co.
Washington Supreme Court
City of New Whatcom v. Bellingham Bay Improvement Co., 16 Wash. 138 (Wash. 1896)
47 P. 1102; 1896 Wash. LEXIS 23
City of New Whatcom v. Bellingham Bay Improvement Co.
Opinion of the Court
This action is similar to another case between the same parties, just decided, ante, p. 131 with the exception that the defendant sought to offset a claim for lumber furnished the contractors in making the improvements, and its defense was stricken from the answer. The contractors were not parties to the proceeding. The warrants for the improvement were outstanding, and the defense was not available in an action by the city to foreclose the assessment liens.
Reference
- Full Case Name
- The City of New Whatcom v. Bellingham Bay Improvement Company
- Status
- Published
- Syllabus
- STREET IMPROVEMENTS — COLLECTION OF ASSESSMENTS—COUNTERCLAIM. In an action by a city to recover benefits for street improvements, the defendant cannot offset a claim for materials furnished the contractor who had charge of making the improvements.