Reports of Cases Determined in the Supreme Court of the State of California (Volume 22 ) by California Supreme Court
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Author: California Supreme Court
Page Count: 300 pages
Published Date: 08 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235803710
File Name: Reports.of.Cases.Determined.in.the.Supreme.Court.of.the.State.of.California.(Volume.22.).pdf
Download Link: Reports of Cases Determined in the Supreme Court of the State of California (Volume 22 )
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... Houston V. McKenna. HOUSTON' v. McKENNA. Conlin t. Seamen (ante, 546), to the effect that the Superintendent of Streets of San Francisco has the power to extend the time for completion of contracts for the Improvement of streets made by him, affirmed. The plaintiff in November, 1860, entered into a contract for the Improvement of streets in San Francisco under the law of 1859, which provided that for payment an assessment should be levled upon the adjacent lots in proportion to their respective values. Before the completion of the work the Amendatory Act of 1861 was passed, providing for an assessment in payment of such contracts according to the street frontage of each lot: held, that the provisions of the law of 1859 respecting the mode of assessment was part of the contract, and that the assessment, though made after the amendatory act, must be in the mode prescribed by the old law. Under the act of 1859 the Board of Supervisors of San Francisco have power to provide for the grading of all located streets, whether new or old, and as well of those lying east of Larkin Street as to the west of it. Appeal from the Twelfth Judicial District. The facts are stated in the opinion. Pratt & Clark, for Appellant. I. The time within which the work shall he done, is not of the essence of the contract. In this respect, it is only essential that the directions of the superintendent shall be followed, and the performance of the work be had and done to his satisfaction. The law does not contemplate or require that the offer by the contractor to do the work, nor its acceptance by the Board, shall contain any period within which it shall be performed. Only the quantity is named in the invited proposals, and the price fixed in the offered bid put in by the contractor; but, ..
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