Greig v. Riordan

Citations

• 99 Cal. 316
• 33 P. 913
• 1893 Cal. LEXIS 660

Syllabus

<p>Building Contract—Insufficient Record—Failure to File Plans and Specifications —Invalidity.—Where a contract for the erection of a building to cost over one thousand dollars, provided that the building should be delivered to the owner free from all liens and charges “in conformity with the plans, drawings, and specifications for the same,” therein referred to as signed by the parties and kept in the office of the architects for inspection, the filing of such contract for record, without filing therewith the plans and specifications therein referred to, or filing a memorandum showing the dimensions and character of the work, is insufficient; and the contract being in its terms essentially uncertain and indefinite without such plans and specifications, is rendered void by the failure to file them with it.</p> <p>Assignment—Claim of Corporations—Authority of Directors not Recorded. —¡An assignment for collection of a claim of a corporation, executed in due form by the president and manager with the corporate seal attached, made in the ordinary course of business of'the corporation, and by authority of the board of directors, sitting as such, is a sufficient assignment, although tile authority to make the assignment has not been entered in the records of the corporation. Id.—Power of General Managing Agent—Assignment of Chose in Action for Collection. —A general managing agent of a corporation is the representative of the corporation, and may do in the transaction of its ordinary affairs what the corporation itself could do within the scope of its powers; and he may assign a chose in action of the corporation to a third party for collection.</p> <p>Id. — Effect of Assignment fob Collection—Consideration. — An assignment of a chose in action for collection vests the legal title therein in the assignee regardless of whether or not any consideration is paid therefor by the assignee, and the assignee may sue thereon in his own name.</p>