Allen v. Hance

This action was brought by plaintiff against defendant, the treasurer of the city of Los Angeles, to restrain the sale of plaintiff’s property in the foreclosure of a lien for certain street-assessment work.

The city of Los Angeles had entered into a contract with one Whittier for the performance of certain street "work on Pasadena Avenue. The specifications for 'the work contained the following clause: “all loss or damage arising from the nature of the work to be done under this agreement . . . shall be sustained by the contractor.” The firm of Tryon-Brain Company succeeded to Whittier’s…