N. P. Perine Contracting & Paving Co. v. Quackenbush
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion. As the proposals for the doing of the work required that the material to be used should be bituminous rock, and there was a patent for the only available method of using such rock, it prevented the owners of the three-fourths of the frontage of the lands to be assessed from contracting to do the work themselves under the statute, and therefore the assessment is invalid. (Stats. 1889, p. 162; Nicolson Pan. Co. v. Painter, 85 Cal.…
1Opinion of the Court
Haynes, C.
The plaintiff, a corporation, brought this action to foreclose a street assessment lien upon defendant’s lot. Defendant interposed a general demurrer to the complaint, wThich was overruled without *686argument. An answer was afterwards filed, a trial liad, and findings and judgment were for the plaintiff, and this appeal is from the judgment, and also from an order denying defendant’s motion for a new trial.
The only point now made upon the demurrer is that the complaint shows that bids were to be received until 4 p. m. of January 16th, and that the bids were opened, examined, and…
2Cases cited1 opinion
- Nicolson Pavement Co. v. PainterCalifornia Supreme Court · 1868
3Cited by14 opinions
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Saunders v. City of Iowa CitySupreme Court of Iowa · 1907
- Vélez v. LlavinaSupreme Court of Puerto Rico · 1912
- Ford v. City of Great FallsMontana Supreme Court · 1912
- Reed v. Rockliff-Gibson Const. Co.Supreme Court of Oklahoma · 1910
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