Southwest Paving Co. v. Wilson

In this appeal the facts are not in dispute.

In so far as it is necessary to state them they are as follows:

The defendant is the street superintendent of the city of San Buenaventura. A proceeding under the Improvement Act of 1911 [Stats. 1911, p. 730] was instituted and a resolution of intention to improve certain streets within that city was duly passed and published and notice of its adoption posted according to law. Bids were received and the petitioner was the lowest bidder. Thereafter and in due time the petitioner duly signed and executed a contract “to do and perform all of the work…