Buckman v. Ferguson

Citations

• 108 Cal. 33
• 40 P. 1057
• 1895 Cal. LEXIS 816

Syllabus

<p>Street Improvement—Validity op Contract—Fixing op Time por Work—Mandatory Statute—Official Duty op Superintendent.— Section 6 of the statute of 1885 requiring that the superintendent of streets should fix the time for the commencement of the work, which should not be more than fifteen days from the date of the contract, and for completion of the work under all contracts entered into by him, is mandatory, and imposes an official duty upon the superintendent which must be authenticated by his signature; and it is not matter of agreement between the superintendent and the contractor, nor is the signature of the contractor essential.</p> <p>Id.—Time for Performance op Duty op Superintendent—Inchoate Contract.—The superintendent may perform the duty of fixing the time for the work at any time after the date of the contract which will allow him to designate a period of not more than fifteen days from its date for the commencement of the work, and, until the superintendent has fixed the time, the contract must be deemed inchoate on the part of the superintendent, even though entered into by the contractor, and the contract is not fully executed by the superintendent until the time has been fixed.</p> <p>Id.—Power of Official Successor.—A contract signed by the contractor before the expiration of the term of office of a superintendent of streets, whose term expired before the expiration of fifteen days from the date of the contract, may be signed by the outgoing superintendent, and its execution may be completed by fixing the time for the commencement and completion of the work by his successor in office.</p>