O'Connor v. Hooper

Citations

• 102 Cal. 528
• 36 P. 939
• 1894 Cal. LEXIS 680

Syllabus

<p>Motion fob Nonsuit—Review Upon Appeal—Error in Admitting Evidence.—Error in admitting evidence for the plaintiff cannot be reviewed on a motion for a nonsuit, and where the evidence admitted substantially tends to prove all the facts essential to plaintiff’s cause of action the nonsuit is properly denied.</p> <p>Contract for Grading Street—Limited Subscription of Lot-owners —Several Contract—Validity—Evidence.—Where a street contractor, with whom the city has contracted to do its proportion of the grading of a street, engages with lot-owners, contracting with each severally that he will do grading at a specified price per cubic yard, and other work at specified prices per front foot, the effect of signatures of lot-owners limiting the obligation of the subscribers to pay for only a specified part of the grading is the same as if the contract of each had been written on a separate paper; and the instrument is of the nature of a subscription contract, whereby the obligation of each subscriber is limited and several, and not joint, and the contract is not illegal or invalid, but is admissible in evidence to show the liability of a lot-owner who has subscribed the contract for grading in front of-big lot.</p> <p>Id.—Liability for Proportion of Frontage—Certificate of Surveyor —Number of Cubic Yards.—Where the contract of a lot-owner is to pay for the grading in front of his lot in the proportion that the frontage of his lot bears to the whole frontage on the street improvement, the certificate of the city and county surveyor showing the whole number of cubic yards of grading is admissible in evidence against the lot-owner, and the number of cubic yards of grading in front of his lot is not a factor in the calculation.</p> <p>Id.—Objection to Certificate Not Applicable to Survey.—Where a certificate signed by the city engineer showing the whole number of cubic yards of grading is based upon notes of a survey made by him before he came into office, an objection that th