Ariss-Knapp Co. v. County of Sonoma

This is an action brought to recover the sum of $5,460 for work done in graveling a county road under a written contract executed with the County of Sonoma under the provisions of section 2643 of the Political Code. • The action is termed a suit in equity, though in fact it is nothing more than an action at law to recover the reasonable value of work which by reason of an alleged mistake was not included within the terms of the written contract. A demurrer to the complaint was sustained, amendments were filed and a demurrer thereto sustained. Amendments were again filed and a demurrer thereto was sustained without leave to amend. Judgment followed in favor of the defendant, from which plaintiff appeals upon a record prepared under section 953a, Code of Civil Procedure. ¡

The facts of the case as disclosed in the complaint are that in May, 1920, the board of supervisors of the County of Sonoma duly instituted proceedings for the graveling and improving of a certain road within the county, acting under the provisions of section 2643 of the Political Code, as amended in 1919 (Stats. 1919, p. 167), which section was repealed in 1921. In the course of these proceedings notice inviting…