Rauer v. Fay

CHIPMAN, C.

The cause was here once before and is reported in Rauer v. Fay, 110 Cal. 361. The action there was to enforce a mechanic’s lien for certain street work done under a contract entered into between the plaintiff’s assignor and defendant. The plaintiff had judgment, which was reversed. It was held that the contract was too uncertain and indefinite to entitle it to be admitted under the allegations of the complaint, but it was suggested that “possibly had the contract been set out in the complaint, with proper averments of the intention, and object of the parties, it might upon proof…