Hertwick v. Nat'l City

Citations

• 102 Cal. 377
• 36 P. 667
• 1894 Cal. LEXIS 653

Syllabus

<p>Revocation of License Tax—Action to Recover Monet Paid—Statute of Limitations.—Where a license to carry on a retail liquor business for a period of three months was revoked by the board of trustees of the municipality granting the license, at the expiration of one month, an action to recover the proportion of the license money paid for the unexpired term of the license is barred within two years after the right to recover the money accrued.</p> <p>Id.—Obligation Not Founded Upon Instrument in Writing.—Whatever right the plaintiff had to the repayment of the license money arose from the violation of the obligation by the defendant, if any, to permit him to transact the business licensed, and by the act of the defendant in revoking the license, and the facts that the ordinance fixing the amount of the license tax, and the application of the plaintiff for the license, and the action of the board in granting the same, and the license itself, and the notice of revocation, were all in writing, do not constitute a written obligation or instrument of writing upon which the liability charged in the complaint is founded.</p>