McCormick Lumber Co. v. Highland Sch. Dist.

This is an appeal from an order granting the motion of plaintiff for a new trial. The action was brought to recover the sum of $1201.20, and plaintiff set out ten separate causes of action in its complaint. The appellant, Highland School District, is a small district in the county of San Diego, and desiring to build a schoolhouse a meeting of the electors was called by the posting of notices, and afterwards held, and the trustees were instructed to proceed to acquire a site for the building and to build the schoolhouse. The notices calling the meeting of the electors were not posted for the requisite length of time (as prescribed by subdivision 20 of section 1617, Political Code), nor was there sufficient publication of notice calling for bids, as another subdivision of the same section provides for. However, the board of trustees did proceed to make a contract for the erection of the school building, and the building was completed and thereafter used for the purposes for which it was erected by the district for a long period of time. Installment warrants were issued to the contractor in payment of the total sum agreed to be paid under the terms of the contract made with him. Pay…