Smith v. Luning Co.

Citations

• 111 Cal. 308
• 43 P. 967
• 1896 Cal. LEXIS 580

Syllabus

<p>Street Improvement—Contract to Construct Sewer—Permit from Street Superintendent—Illegality—Implied Condition.—A contract to construct a sewer in front of a lot, without a permit from the street superintendent, being in violation of a city ordinance, and constituting a misdemeanor, is unlawful, and cannot form the basis of a civil action, but the agreement will be construed, where the contrary is not expressed, as implying a condition that the permit shall be obtained, and as being an inchoate agreement, which would become valid and binding only in case such permit should be issued.</p> <p>Id.—Nonperformance of Contract — Agency—Contract by Third-Party.—One who contracts to construct a sewer must obtain a permit to himself to perform the work; and where he had no authority to do the-work, and did not personally perform the contract, or construct the sewer, he cannot hold the lotowner liable thereon or enforce a lien against him by reason of having given a power of attorney to a third party, who had already contracted to construct the sewer on the entire block, under a. permit from the street superintendent.</p>