Schwiesau v. Mahon

Citations

• 110 Cal. 543
• 42 P. 1065
• 1895 Cal. LEXIS 1094

Syllabus

<p>Street Assessment—Lien in Invitum—Strict Compliance with Statute—Equities of Claimant.—In order to fix upon property the lien of a street assessment, every requirement of the statute that could be of benefit to the person to be charged with the lien must be strictly complied with; nor can the equities of the claimant be regarded where there is no such compliance.</p> <p>Id.—Necessity of Written Contract—Absence of Specifications—Void Contract—No Lien for Proper Work.—The statute requires the contract to be in writing, and signed by the contractor; and, where the contract signed does not define the work to be done, nor refer to any specifications in which it is described, there is no valid contract for the work, and therefore no valid lien of a street assessment, although the work may have been done strictly in accordance with the specifications referred to in the advertisement for bids.</p> <p>Id.—Insufficiency of Bond—Obligation of Sureties—Correction of Contract upon Appeal.—The bond required of the contractor, to be valid, must be conditioned that the contractor will perform the contract entered into by him, and a defect in the contract as to specifications for the work cannot be corrected by an appeal to the board, which cannot provide sureties for its performance, without which there can be no binding contract; and the original sureties are entitled to stand upon the letter of the original contract, and cannot be bound by any correction thereof upon appeal.</p>