Hoare

This is an action for damages for breach of contract. The plaintiff was awarded a judgment against the defendant in the lower court, and the defendant has appealed on the judgment-roll.

On the second day of January, 1913, the town of Larkspur awarded a contract to the plaintiff, P. H. Hoare, to do certain street work; later, on the same date, with the consent of the board of trustees of said town, th,e plaintiff assigned his contract to N. P. Glann; by its terms the contract of assignment was made subject to all the terms, provisions, and conditions contained in the specifications and in the original contract entered into between the town of Larkspur and the plaintiff, P. H. Hoare. In the contract of assignment it was provided that in the event of the failure of Glann to prose cute the work under said contrac]; to the satisfaction of the engineer of the town of Larkspur, or the satisfaction of the board of.trustees of the town, then, upon written notice to Hoare from the board of trustees, to the effect that said contract was not being properly carried out, that the interest of Glann under the contract should cease and determine, and that Hoare might take up the work and finish…