# Moore v. Board of Education

> California Court of Appeal · February 9, 1950 · 96 Cal. App. 2d 28

URL: https://www.frixlaw.com/law-library/cases/5655958

## Case

- **Full name:** JOHN C. MOORE v. BOARD OF EDUCATION OF THE CITY AND COUNTY OF SAN FRANCISCO
- **Court:** California Court of Appeal
- **Decided:** February 9, 1950
- **Citations:** 96 Cal. App. 2d 28; 214 P.2d 70; 1950 Cal. App. LEXIS 1312
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Dooling
- **Judges:** Dooling
- **Cited by:** 0 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/5655958

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5655958. Public record. Not legal advice.