California Improvement Co. v. Quinchard

Citations

• 119 Cal. 87
• 51 P. 24
• 1897 Cal. LEXIS 856

Syllabus

<p>Street Improvement—Right oe Election of Owners—Premature Contract Invalid—Void Assessment.—Under section 5 oí the street improvement act of 1889, which provides for a right of election of the owners of three-fourths of the frontage to take the work of a proposed street improvement and to enter into a written contract therefor within a specified period, and that if they fail so to elect and contract within such period, the superintendent of streets shall enter into a contract with the original bidder to whom the contract was awarded, until the expiration of the period within which the owners are allowed to enter into the contract, the superintendent of streets has no power to enter into a contract with the bidder, and a contract entered into with him prior to expiration of that time is invalid, and cannot form the basis of an assessment.</p>