Oakland Paving Co. v. Barstow

Citations

• 79 Cal. 45
• 21 P. 544
• 1889 Cal. LEXIS 666

Syllabus

<p>Constitutional Law—Obligation of Contracts — Street Improvement — Extension of Time.— A contract for a street improvement made before the constitution of 1879 went into effect was not impaired or affected by its provisions, and the granting of an extension of time for the performance of such contract before the time of performance had elapsed by its original terms is not a new contract.</p> <p>Id. — Charter of Oakland — Power to Extend Time to Contractor for Street Work — Maxim.—Section 6 of the Oakland street law (Stats. 1863-04, p. 133), which provides that the “ marshal shall fix the time for the commencement of the work under all contracts entered into by him, which work shall be prosecuted with due diligence from day to day thereafter to completion, and may extend the time so fixed, from time to time, under the direction of the city council,” does not limit the power to extend time merely to the time fixed for the commencement of the work; audit would be straining the maxim, Expressio unius, etc., to make it require such limitation of power, especially when the grant to the marshal and council, by other provisions of the charter of the most plenary general powers over street work, clearly includes the power to extend the time for completion of contracts for such work.</p>