# Nicolson Pavement Co. v. Fay

> California Supreme Court · July 1, 1868 · 35 Cal. 695

URL: https://www.frixlaw.com/law-library/cases/5436718

## Case

- **Full name:** NICOLSON PAVEMENT COMPANY v. JOHN FAY
- **Court:** California Supreme Court
- **Decided:** July 1, 1868
- **Citations:** 35 Cal. 695; 1868 Cal. LEXIS 146
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sanderson
- **Judges:** Sanderson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5436718

## Opinion text

By the Court, Sanderson, J.:
The only difference between this case and that of the plaintiff against Painter, decided at the present term, (post,) lies in the fact that in addition to the cause of action for putting down Nieolson pavement, the complaint contains also a cause of action for other work for which the Board of Supervisors had the power to contract. So far as the cause of action in relation to Nicolson pavement is concerned, the judgment will have to he reversed upon the authority of Painter’s Case.
The case shows that the work was all let as one job, upon one bid, and under one contract. This course had the effect to preclude all persons other than the plaintiff from bidding for the work last referred to, and the property owners from taking the contract. The whole of the judgment must *696 therefore be reversed. There is nothing in the ease of Beaudry v. Valdez, 32 Cal. 269 , which is counter to this view. There was nothing in the facts of that case to preclude anybody from bidding, or the property owners from taking the contract.
Judgment reversed.
Mr. Justice Sprague expressed no opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5436718. Public record. Not legal advice.