Younker v. City of Des Moines

• Citation: 101 N.W. 1129
• Parties: YOUNKER v. CITY OF DES MOINES.
• Decision Date: 12 January 1905
• Court: United States State Supreme Court of Iowa

101 N.W. 1129

YOUNKER

v.CITY OF DES MOINES.

Supreme Court of Iowa.

Jan. 12, 1905.

Appeal from District Court, Polk County; W. H. McHenry, Judge.

Suit at law to recover on assessment certificates issued by the appellant to J. W. Campbell, and by him assigned to the plaintiff. In 1891 the defendant condemned and appropriated for street purposes portions of lots abutting the street established as Tenth street, and by virtue thereof there remained, abutting the east side of said street, four strips of ground, three of which were 8 feet wide, and the other 3 feet wide, each 100 feet long, and all running lengthwise of the street. In 1896 the city ordered the street paved, and entered into a contract with Campbell for doing the work. He performed his contract, and the strips of ground in question and their owners were assessed the aggregate sum of $1,094.88 for the cost of the pavement in front thereof, and paving certificates were issued to pay for the work. The owner of three of the strips of ground is, and always has been, a resident of the state of New York, and it is admitted by both sides that the strips of ground are of less value than the amount assessed against them. There was a judgment for the plaintiff, from which the defendant appeals. Affirmed.W. H. Bremner, M. H. Cohen, and R. B. Alberson, for appellant.

B. A. Younker and John I. Dille, for appellee.

SHERWIN, C. J.

The controlling questions in this case are the validity of the assessment, and the liability of the city for the work done by the contractor if the assessments are held invalid.

The facts of this case bring it within the rule announced by us in Iowa Pipe & Tile Company v. Callanan, 101 N. W. 141, and we need not again discuss the main questions involved in this appeal. In this case, as in the case cited, the contract provides that the assessment certificates shall be received in full payment for the work done, without recourse on the city of Des Moines. There was a receipt given in this case, acknowledging the delivery of the certificates, and the payment of all sums due for extras, damages, and claims, and stating further that the receipt shall be construed as a receipt for all demands relating to said contract to this date, “and I hereby certify that I have no claims for extras or damages against the city of Des Moines.” The receipt acknowledges the settlement of all claims up to its date. At that time the certificates which had issued to the contractor were...