Connolly v. City & County of San Francisco

Citations

• 4 Cal. Unrep. 134
• 33 P. 1109
• 1893 Cal. LEXIS 1093

Syllabus

<p>Street Improvement—Abandonment by Contractor.—Where a contractor for street improvements, who is to be paid by assessments of benefits, abandons the contract before it is completed, because the assessments made were illegal, he is not entitled to any warrant or assessment thereunder.1</p> <p>Street Improvement—Limitation of Actions.—Where a contractor is to be paid for street improvements by assessment of benefits, and the supreme court decides that no legal assessment can be made under the act authorizing the same and the improvements, the personal liability of the city, if any, becomes fixed, and the statute of limitations begins to run not later than the date of such decision, and an action against the city to recover therefor, commenced more than nine years after such decision, is barred.</p> <p>Street Improvement—Liability of City When No Assessment Possible.—Where a contractor for street improvements is to be paid by assessment of benefits, and he agrees to exempt the city from any liability under his contract, he cannot recover of such city for the improvements, because no legal assessment can be made to pay him therefor.1</p>