Skidmore

Skidmore v. County of Amador

Good Law
1936 Cal. LEXIS 592·7 Cal. 2d 37·59 P.2d 818
Supreme Court of CaliforniaJuly 22, 1936Sac. 4943California1,120 words

Opinion

Opinion

Thompson, J.

The County of Amador has appealed from a judgment which was rendered against it in a suit for declaratory relief under the provisions of section 1060 of the Code of Civil Procedure, determining the validity of a contract with the respondent to search the records and report to the board of supervisors of that county taxable property which had wrongfully escaped a levy therefor, and to pay a stipulated price for such services. It is claimed the contract is void for the reason that it purports to authorize payment to the respondent for services which the law requires the county assessor and other officers to perform.

The contract employing C. E. Skidmore was by resolution duly adopted by the board of supervisors of Amador County. It provides in part:

The trial court adopted findings and rendered judgment bolding that the preceding contract is valid and enforceable. Prom that judgment the County of Amador has appealed.

The chief contention of the appellant is that the contract is void for the reason that it authorizes the payment of compensation to the respondent for services which the law imposes upon the county assessor by the provisions of section 3628 of the Political Code.…

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