Himmelmann v. Hoadley
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action to recover an assessment for grading California street, from Gough street to Cemetery Avenue. At the trial the plaintiff made a prima facie case by introducing in evidence the assessment, diagram, warrant, and return, together with the record thereof and proof of assignment of the assessment, etc., to him, and then rested.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action to recover an assessment for grading California street, from Gough street to Cemetery Avenue. At the trial the plaintiff made a prima facie case by introducing in evidence the assessment, diagram, warrant, and return, together with the record thereof and proof of assignment of the assessment, etc., to him, and then rested. Thereupon the defendant proved that at the time the contract for the work was let, Cemetery Avenue, running a northerly and southerly course, crossed…
1Opinion of the Court
By the Court, Rhodes, J.:
The contract was awarded for the macadamizing and curbing of California street, from Gough street to Cemetery Avenue, at a specified rate per square foot for the macadamizing, and at a specified rate per lineal foot for the curbing. Subsequent to the award, the line of Cemetery Avenue was changed to the west, so that the distance from Gough street to Cemetery Avenue was increased about two hundred feet. The contractor macadamized and curbed the additional two hundred feet of the street, and the Superintendent included the cost of the additional work in the assessment.…
2Cases cited3 opinions
- Emery v. BradfordCalifornia Supreme Court · 1865
- Nolan v. ReeseCalifornia Supreme Court · 1867
- Smith v. DavisCalifornia Supreme Court · 1866
3Cited by11 opinions
- Perine v. ForbushCalifornia Supreme Court · 1893
- McBean v. RedickCalifornia Supreme Court · 1892
- Fanning v. LevistonCalifornia Supreme Court · 1892
- McVerry v. BoydCalifornia Supreme Court · 1891
- Dowling v. ConniffCalifornia Supreme Court · 1894
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