Heft v. Payne

Citations

• 97 Cal. 108
• 31 P. 844
• 1892 Cal. LEXIS 767

Syllabus

<p>. Street Assessment — Failure to Complete Work in Time — Neglect op City — Terms of Contract — Liability of Lot-owner. —The failure of a street contractor to complete the work within the time named in the contract with the city is not excused, as against a lot-owner who is sued to foreclose the lien of a street assessment, by the neglect of the city to furnish implements for the work, as provided in the specifications of the contract for the work. The lot-owner is not bound by such contract, and his liability arises out of no agreement, express or implied, with the street contractor; but he can question the regularity of the proceeding resulting in the assessment in the same manner and upon the same principles as the validity of a tax may be questioned.</p> <p>Id. — Foreclosure of Lien — Personal Liability — Estoppel in Pais — Appeal by Lot-owner — Waiver of Objection — Representation and Promises Inducing Acts of Contractor. — In an action by a street contractor to foreclose a street assessment lien upon land benefited by the work, there is no personal liability of the owner of the land, and the doctrine of estoppel in pais has no application. The owner of the lot is not estopped from contesting the foreclosure of the lien upon the lot, upon the ground that the work was not completed in time, by reason of having appealed from a first assessment and warrant upon the ground that the work was not satisfactorily done, and having expressly waived all objections upon such appeal to the failure of the contractor to complete the work in time, and having represented and promised that when the work was performed to the satisfaction of the council no further objections would be made, and that the assessment would he paid, in reliance upon which the contractor completed the work to the satisfaction of the council, and obtained the new assessment sought to be foreclosed.</p> <p>Id. — Creation of Lien. — Where there was no lien upon the lot at the time when it is claimed that