Thomas Kelly & Sons, Inc. v. City of Los Angeles

SCOTT, J., pro tem.

Plaintiff recovered judgment for work done in connection with construction of a bridge across Los Angeles River on Los Feliz Boulevard. Defendant appeals.

A contract had been entered into between the parties in October, 1924, pursuant to a bid submitted by plaintiff. The plans and specifications showed that the bridge was to rest upon concrete piers which in turn were to rest upon pilings. When excavation was started a rock formation was encountered in the river bottom, but plaintiff went ahead and completed the bridge. Defendant paid plaintiff the sum of $11,670.52 in…