# Randolph v. Gawley

> California Supreme Court · July 1, 1874 · 47 Cal. 458

URL: https://www.frixlaw.com/law-library/cases/5438251

## Case

- **Full name:** S. R. RANDOLPH v. WM. H. GAWLEY
- **Court:** California Supreme Court
- **Decided:** July 1, 1874
- **Citations:** 47 Cal. 458
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Crockett
- **Judges:** Crockett
- **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/5438251

## Opinion text

By the Court, Crockett, J.:
This is an action to collect a street assessment in the city of San Francisco. The resolution of the Board of Supervisors declaring its intention to improve the street, and the contract with the contractor, described the work to be done as the repairing of a certain portion of Market street, and the intersection of Market and Sacramento streets, “with piles, caps and planks, where necessary, and that the sidewalks thereon be reconstructed, where necessary.” We have several times decided that the Board must specify, in the resolution of intention, the work to be done, and that it is not sufficient to declare its intentions to cause certain repairs to be made “where necessary.” The contract declared upon was therefore void. (Richardson v. Heydenfeldt, 46 Cal. 68 ; San Francisco v. Clark, ante, p. 456.
Judgment reversed, and cause remanded for a new trial. Remittitur forthwith.
Mr. Justice Rhodes did not express an opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5438251. Public record. Not legal advice.