Henry v. City of Sacramento

Citations

• 116 Cal. 628
• 48 P. 728
• 1897 Cal. LEXIS 599

Syllabus

<p>Municipal Corporations—Water Supply—Conditional Contract—Action for Breach—Insufficient Complaint. —Where a contract by a city for a water supply was conditional on the discovery and development of a sufficient supply of clean, sweet, and wholesome water suitable for drinking water and domestic uses, within six months after the date of the contract, and provided that otherwise both parties should be released from all liability under the contract, in an action by the contractor or his assignee for damage for breach of the contract on the part of the city, it is not sufficient for the complaint merely to allege generally a compliance with all the requirements and conditions of the contract, to be performed by the contractor or his assignee, but it must be specifically averred that the contractor or his assignee discovered or developed water of the required quality and quantity within the six months allowed therefor, and a complaint lacking such averment does not state a cause of action.</p>