Flinn

Flinn v. Peters

Good Law
1906 Cal. App. LEXIS 172·3 Cal. App. 235·84 P. 995
Court of Appeal of CaliforniaMarch 13, 1906Civ. No. 170.California722 words

Opinion

Lead Opinion

Cooper, J.

Action to foreclose a street assessment lien. Defendants filed a demurrer to the complaint, which was overruled, and judgment entered for plaintiff as prayed. This appeal is from the judgment, and the sole contention of appellants is that the alleged contract is void, because of the following allegation in the complaint: “That said contract also provided that in the performance of the same eight hours should be the maximum hours of labor on any calendar day, and that the minimum wages of laborers employed by said contractors in the execution of said contract should be $2 per day.”

It is argued that the above provision was placed in the contract because of that portion of section 1 of chapter 3 of article 2 of the charter, which provides: ‘‘ Every contract for work to be performed for the city must provide that in the performance of the contract eight hours shall be the maximum hours of labor on any calendar day, and that the minimum wages of laborers employed by the contractor in the execution of this contract shall be two dollars a day. Any contract for work to be performed for the city and county which does not comply with the provisions of this section shall be null and void,…

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