Moore v. Board of Education

California Court of Appeal · Civ. No. 14159 · 1950-02-09 · Published · 96 Cal. App. 2d 28 · 214 P.2d 70 · 1950 Cal. App. LEXIS 1312

JOHN C. MOORE v. BOARD OF EDUCATION OF THE CITY AND COUNTY OF SAN FRANCISCO

Area: civil
Panel: Maurice T. Dooling, Jr. (author)

Analysis

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Opinion — Dooling

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 *29compensation. 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.