McGowan v. Ford

Citations

• 107 Cal. 177
• 40 P. 231
• 1895 Cal. LEXIS 731

Syllabus

<p>Counties—Contract for Repairs and Improvements of Courthouse_ Notice of Letting Contract—Construction of County Government Act.—Section 25 of the County Government Act of 1891, requiring all county buildings to be let by contract, after notice by publication for sixty days, has no application to a contract for making repairs or alterations in the courthouse, or for laying walks and making improvements upon the grounds surrounding the courthouse.</p> <p>Id.—Contract for Liquidated Damages — Pleading — Insufficient Averment—Presumption__In an action by a contractor to compel payment of warrants for repairs to the courthouse and improvements of the courthouse grounds, under a contract which entitled the county to liquidated damages for each day the building should remain unfinished or incomplete after a certain date, where the answer does not aver that the repairs of the building were not completed and delivered within the time agreed upon, hut only avers generally that the work was not completed before a subsequent date, it shows no case for liquidated damages, since the work included the improvements upon the grounds, and it may be assumed that the building was completed in time.</p> <p>Id.—Time of Incurring Indebtedness—Fiscal Year—Invalid Order of Supervisors.—Where indebtedness was incurred within one fiscal year, it can only be paid out of the revenue provided for that fiscal year, and the hoard of supervisors have no jurisdiction or authority to carry the indebtedness over, and make it payable out of the revenue of the next fiscal year.</p> <p>Id.—Judgment on Pleadings—Admissions of Answer.—Where a judgment is granted on the pleadings all of the averments of the answer are, in effect, admitted to be true.</p> <p>Ib. — Mandamus — Payment of Warrant—Presumption—Burden of Proof—Jurisdiction of Supervisors.—Upon the hearing of a writ of mandate to compel the payment of a warrant, where it is averred in the petition, and not denied, that the board of supervisors a