Moreing

Moreing v. Shields

Good Law
1915 Cal. App. LEXIS 410·28 Cal. App. 513·152 P. 964
Court of Appeal of CaliforniaOctober 5, 1915Civ. No. 1403.California3,630 words

Opinion

Lead Opinion

Burnett, J.

The application is for mandamus to require the trustees of said reclamation district to call in sufficient of an assessment now levied to pay warrants owned by petitioners, aggregating $175,226.98. Said reclamation district was organized in 1911 by act of the legislature. (Stats. 1911, p. 831.) On April 30 and May 21, 1914, respectively, contracts were entered into between the district, through its trustees, and petitioners for the construction of levees and other reclamation work in the district. Warrants were to be issued from time to time as the work progressed, but it was expressly stipulated in the contract that “the warrants of said Reclamation District No. 1001, issued to the contractors in payment for the work done by them under this agreement as aforesaid, shall be regularly reg istered by the county treasurer of Sutter County, California, but said warrants shall not, nor shall any of them, be payable except at the option of the party of the first part, prior to the first day of May, 1915, on or before which date the party of the first part hereby agrees to pay said warrants in cash.” Petitioners completed their work before November 30, 1914, to the entire satisfaction of…

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