City of Sacramento v. Kirk
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was an action by the city of Sacramento against John Kirk, and his sureties, Samuel Norris and John A. Read, for the breach of a contract dated the tenth day of October, 1853, for the erection of water-works in the city of Sacramento.
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Appeal from the District Court of the Sixth Judicial District. This was an action by the city of Sacramento against John Kirk, and his sureties, Samuel Norris and John A. Read, for the breach of a contract dated the tenth day of October, 1853, for the erection of water-works in the city of Sacramento. The testimony in the case showed that the contract was entered into on behalf of the city in conformity with an ordinance previously passed, and that the chairman of the committee on contracts and the mayor were therein authorized to sign the same; that P. H. Burnett and Jas. R. Hardenbergh…
1Opinion of the CourtTerry, J.
The defendant, Kirk, contracted with the plaintiff to construct a reservoir and aqueducts in the city of Sacramento, according to certain specifications contained in a written contract between the parties—the other defendants, becoming Kirk’s sureties for the performance of the contract on his part. This action is instituted to recover damages arising from a breach of said contract.
The first error assigned is the admission in evidence of the written contract between the parties. To its admission, two objections were made.
First, That said written contract had been superseded by a subsequent…
2Cited by2 opinions
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- Atlantic Bitulithic Co. v. Town of EdgewoodWest Virginia Supreme Court · 1915