S. F. No. 164 | Cal. | Nov 23, 1897
Action upon a street assessment. Section 5 of the street improvement act (Stats. 1889, p. 162) provides that the owners of three-fourths of the frontage may elect to take the work and enter into a written contract therefor, at the price at which it was awarded, within ten days after the first posting and publication of the notice of award; and that, if they fail to elect to take the work and enter into a contract therefor within said ten days, the superintendent of streets shall enter into a contract with the original bidder to whom the contract- was awarded. Until the expiration of the period within which the owners are allowed to enter into the contract the superintendent of streets has no power to enter into a contract -with the bidder, and a contract entered into with him prior to that time is invalid, and cannot form the basis of an assessment. (Burke v. Turney, 54 Cal. 486" court="Cal." date_filed="1880-07-01" href="https://app.midpage.ai/document/burke-v-turney-5439639?utm_source=webapp" opinion_id="5439639">54 Cal. 486; Manning v. Den, 90 Cal. 610" court="Cal." date_filed="1891-08-31" href="https://app.midpage.ai/document/manning-v-den-5445460?utm_source=webapp" opinion_id="5445460">90 Cal. 610; Perine v. Forbush, 97 Cal. 305" court="Cal." date_filed="1893-02-15" href="https://app.midpage.ai/document/perine-v-forbush-5446330?utm_source=webapp" opinion_id="5446330">97 Cal. 305; Perham v. Kuper, 61 Cal. 331" court="Cal." date_filed="1882-08-25" href="https://app.midpage.ai/document/perham-v-kuper-5440906?utm_source=webapp" opinion_id="5440906">61 Cal. 331.)
The judgment is affirmed.