Oswald

This appeal is taken by plaintiff from a judgment refusing the cancellation of a certain lease entered into by plaintiff and defendant. The grounds upon which the validity of said lease is assailed by plaintiff and appellant are that it was executed without consideration to appellant; that it was obtained by means of intimidation, oppression, menace and coercion practiced by defendant upon plaintiff; that the entire transaction is violative of and contrary to public policy and good morals. No serious disagreement exists between counsel to this appeal as to the facts of the case as hereafter related. Those not expressly admitted are not controverted.

The controversy arises out of a street improvement contract, which had its inception on June 4, 1924. Some two years prior to that date, George H. Oswald, the plaintiff and appellant, was awarded a contract by the City of El Centro to perform certain construction and improvement work ordered by said city. The work, in due time, was completed and accepted by said city. It is the contention of said city that said improvements contained latent defects which rendered them, within a short time after the acceptance thereof, unserviceable,…