Todd v. Board of Education

Citations

• 122 Cal. 106
• 54 P. 527
• 1898 Cal. LEXIS 540

Syllabus

<p>action fob Value of Building Plans—Resolution of Boabd of Education—Statute of Limitations.—An action to recover the reasonable value of architectural plans and specifications for an addition to a school building, which had been merely adopted-by a resolution of the board of education, without further action on its part, is upon a contract not founded upon an instrument of writing, and is subject to the limitation of two years provided in section 339 of the Code of Civil Procedure.</p> <p>Id.—Resolution not Actionable as a Wbitten Instbument.—The resolution of the board of education, not having expressed any contract or obligation to pay the plaintiff any sum of money for the plans adopted, cannot, of itself, as a written instrument, be the foundation of an action to compel payment.</p>