Carruth

The City of Madera appeals from a judgment for the estimated cost of installing water mains, sewer mains and other facilities in plaintiff's subdivision property.

During the year 1946 plaintiff’s predecessor in interest, W. S. Rogers, purchased 40 acres of land contiguous to but outside the city limits of the City of Madera. Rogers, wishing to have the property annexed to the city, discussed subdivision requirements for annexation with the Madera City Council. He was informed that the city would, at its expense, install water mains and sewers and pave the streets and alleys upon approval of a subdivision plan and annexation of the property. The city specified that the facilities would be installed only as construction progressed.

Late in 1946, Rogers presented a subdivision map to the city, which was rejected, but in 1947 he submitted a map and subdivision plan which the city approved, and the property was annexed. Rogers, in 1947, sold one-half of the subdivided property to H. P. Gunderson, who commenced improving his 20-acre parcel with houses. As to that one-half of the subdivision, the facilities were installed, the last during the year 1954.

In 1953, Rogers sold his…