Ransome Construction Co. v. Von Schroeder

This is an appeal from a judgment in favor of plaintiff, a contractor, for the value of work and labor performed upon the property of the defendants situate in the city of San Francisco, in an effort to clear said property from debris resulting from the fire of 1906. There is also an appeal from an order denying the defendants’ motion for a new trial.

The facts of the case—concerning which there is little dispute—are as follows: The defendants, prior to the date of their contract with the plaintiff, had been joint owners of the property in question, but subsequent to the fire had partitioned it among themselves in severalty. The debris occasioned by the fire covered the entire premises, including the basement. In the month of July, 1906, the owners of the property called for bids for the removal of the debris and clearance of the lot. The Ransome Construction Company responded with a written bid offering to do the work within thirty days, and submitting two alternative propositions as to the price. One of these was an offer to do the entire work for $16,076, the other was to do it for the actual cost to it plus ten per cent on a specified scale of wages for labor. A written…