Warren v. Riddell

Citations

• 106 Cal. 352
• 39 P. 781
• 1895 Cal. LEXIS 612

Syllabus

<p>Street Assessment—Foreclosure—Defense—Nonperformance of Contract—Official Grade—Appeal to Supervisors.—One whose property is charged with the lien of a street assessment cannot defend against an action to foreclose the lien, upon the ground that the contract required grading to be done to the official line and grade, and that it was not so performed, but that the street was graded to a line that bad been proposed for a change of the official grade, where it appears that the superintendent of streets approved and accepted the work, and that no appeal was taken to the board of supervisors.</p> <p>Id.—Validity of Contract—Assumption of Change of Grade.—The validity of a contract to grade a street to the official grade is not affected, nor the contract varied by reason of the fact that the contractor assumed a different line for the official grade from that which was in fact the official grade, or that the board of supervisors or superintendent of streets acted upon the assumption that the official grade had been changed.</p>