McDaniel v. Yuba County

Citations

• 14 Cal. 444

Syllabus

<p>Iir a suit by a physician against a county on a contract for his services for one year as Examining Physician of the hospital, the objection, that he is not a gradúate of a legally constituted medical institute, if good at all, cannot be taken by demurrer, unless the demurrer distinctly present the objection.</p> <p>If, after such a contract, which compels the physician to perform such services only as the Supervisors might require, they put it out of his power to render the services, he is still entitled to his salary.</p> <p>The Board could not abrogate the contract, by rescinding the order under which plaintiff was appointed, or abolishing the office.</p> <p>Clear distinction between an office constituted by legislative act, and a contract made with a party, to render for a stated period certain services, though these services are to be rendered in a capacity in the nature of a public office or employment.</p>