McPherson v. San Joaquin County

Citations

• 6 Cal. Unrep. 257
• 56 P. 802
• 1899 Cal. LEXIS 1152

Syllabus

<p>Well Contract.—In an Action on a Well Contract, Where Plaintiff alleged that he was prevented from finishing the well because of defendant furnishing unsuitable casing, which collapsed and stopped up the well, an allegation that plaintiff offered to dig another well without profit, at its actual cost, was unnecessary to the cause of action, and ineffectual as an offer to perform.</p> <p>Well Contract.—Where a County Having a Well Bored was to Furnish the casing, the presumption that it should be suitable and of proper strength is not overcome by Civil Code, section 1654, providing that an uncertainty in a contract between a public body and a private person shall be presumed to be caused by the latter, and most strongly construed against him.</p> <p>Well Contract.—Specifications for a Well Contract Provided that all materials should be of the best quality and suitable. Held, that this applied to the easing to be furnished by the county having the well bored, as well as to the material furnished by the contractor.</p> <p>Well Contract.—In an Action on a Well Contract, a Count for Extra Work caused by and on account of improper casing furnished by defendant having the work done states a cause of action.</p> <p>Well Contract.—Where, Under a Well Contract, the Owner Could Stop the work at any time, the contractor cannot recover damages for being prevented from completing the contract by the owner’s furnishing defective materials, this not being done willfully.</p> <p>Well Contract.—In an Action Against a County on a Well contract, the petition alleged that the county entered into the contract, acted on it, and made payments under it; and the contract recited that the county made it through its duly authorized agent. Held, on demurrer, that the petition was not bad as not setting out the authority under which the agent acted.</p> <p>Well Contract.—A County cannot Escape Liability Under Its Contract to furnish suitable casings for a well being bored for it because of th