Williams v. City of Vallejo

The general features of this action do not differ very materially from those presented in No. 1774, ante, p. 133, [ 171 Pac. 834 ], In addition to the parties named as defendants in the action No. 1774 are the following: Board of trustees of the city of Vallejo and the members thereof, to wit: R. C. Pierce, J. Sullivan, Geo. Tripp, Wm. Herbert, and C. B. Butler; Geo. Hildreth, auditor of the city of Vallejo, and J. V. O’Hara, treasurer of the city of Vallejo. The averments in the complaint not found in the complaint in No. 1774 are the following: That the contract referred to entered into by the American Construction Company provided for payment in installments “in such manner that said American Construction Company should receive ninety per cent of the total value of all the work done by it immediately upon the completion and acceptance thereof by said city of Vallejo, and that ten per cent and no more of the contract price should be reserved as a final payment upon said contract to be paid subsequent to the completion of the same.” That at the completion of the contract the said company presented its demands for ninety per cent of the full contract price for said work, to wit,…