Girvin v. Simon

Citations

• 116 Cal. 604
• 48 P. 720
• 1897 Cal. LEXIS 595

Syllabus

<p>Street Assessment—Letting of Contract—Rejection of Lowest Bid —Power of City Council—Conclusiveness of Determination.— Under section 5 of the street improvement act, as amended in 1891, it is in the power of the city council to reject any and all proposals for a street improvement, when deemed for the public good, and also the bid of any party who has been delinquent and unfaithful in any former contract with the municipality, and may award the contract therefor to the lowest responsible bidder, rejecting a lower bid from one found to have been thus delinquent and unfaithful; and its determination as to the facts is as conclusive as the verdict of a jury or the finding of a court upon facts within its jurisdiction.</p> <p>Id. —Performance of Work — Acceptance by Street Superintendent —Appeal of Property Owner—Estoppel—Evidence.—Where the work done under the contract for a street improvement has been accepted by the street superintendent, the property-owner, if aggrieved! must appeal to the city council, and if he fails to do so, he is estopped from claiming in an action upon a street assessment that the work was not properly performed according to the contract, and evidence is nob admissible in such action to show that it was not performed as by the contract required.</p> <p>Id.—Validity of Contract—Finding—Presumption.—Where the contract is not set out in the record, and the court has found that it was entered into, it will be presumed to be valid in the absence of a showing to the contrary.</p> <p>Id.— Specifications Made Part of Contract — Defective Complaint Cured by Answer__Where a complaint upon a street assessment is defective, in not setting out the specifications which formed an important part of the contract alleged, and in only referring to them in a general way, and no demurrer is interposed thereto, the defect is cured by an answer which sets out the specifications, and avers that they are the specifications referred to in the complaint.</p>