Himmelmann v. Satterlee
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. Action to enforce a lien on lots for an assessment levied for improving Washington street from Yan Ness avenue to Polk street. The notice for sealed proposals invited proposals for doing the following work: “For macadamizing Washington street, from Van Ness avenue to Polk street, and for curbing the same with redwood curbs.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. Action to enforce a lien on lots for an assessment levied for improving Washington street from Yan Ness avenue to Polk street. The notice for sealed proposals invited proposals for doing the following work: “For macadamizing Washington street, from Van Ness avenue to Polk street, and for curbing the same with redwood curbs. The roadway of the above-named portion of Washington street is to be covered to the depth of six inches, and the sidewalks to the depth of four inches with clay. It is then to be…
1Opinion of the Court
By the Court, Rhodes, J.:
The only point which requires notice relates to the work on the sidewalks. The resolution of intention was, “That Washington street, from Van Ness avenue to Polk street, be macadamized and curbed with redwood curbs.” In the notice inviting sealed proposals for doing the work, there is added work in macadamizing the sidewalks. The macadamizing of a street and the construction of sidewalks are different kinds of work, and are so designated in the statute. (See Beaudry v. Valdez, 32 Cal. 276.) When a street is ordered to be macadamized, it is meant that the roadway only…
2Cases cited1 opinion
- Beaudry v. ValdezCalifornia Supreme Court · 1867
3Cited by8 opinions
- Osburn v. StoneCalifornia Supreme Court · 1915
- Partridge v. LucasCalifornia Supreme Court · 1893
- Arnold v. City of TulsaSupreme Court of Oklahoma · 1913
- Dyer v. ChaseCalifornia Supreme Court · 1877
- Evans v. City of HelenaMontana Supreme Court · 1921
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