Opinion

Moore v. Board of Education

  • 96 Cal. App. 2d 28
  • 214 P.2d 70
  • 1950 Cal. App. LEXIS 1312
Court
California Court of Appeal
Filed
Feb 9, 1950
Status
Published
Author
Dooling
On the bench
Dooling
Cited by
0 cases

The opinion

DOOLING, J.

Appellant petitioned for a writ of mandate to compel respondents to pay him $9,300 alleged to be due for services performed under a contract. The contract is alleged to be evidenced by a letter which contains the following provision:

‘' The entire amount of the bid $9,300 to be raised by private means, without cost or obligation on part of the Board of Education, by a committee to be subsequently appointed.”

Apart from any other consideration it appears that respondents promised to pay nothing (except the nominal sum of $1.00 in a following sentence) and appellant agreed to look to a voluntary committee later to be formed for his *29 compensation. Respondents’ demurrer was therefore properly sustained.

Judgment affirmed.

Nourse, P. J., and Goodell, J., concurred.

Appellant’s petition for a hearing by the Supreme Court was denied March 30, 1950.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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