Rhoda

The complaint does not state that the claim alleged to have been presented to the Board of Supervisors was duly verified, etc. The statute lays down the steps to be taken by a claimant against a county precedent to institution of suit. (Political Code, secs. 4072-5.) Being a statutory right, the complaint must allege the steps taken.

“ In actions upon contracts, a general allegation of the performance of conditions precedent is declared sufficient by our statute. But a general allegation of the performance of conditions prescribed by our statute has not been so declared, and is not therefore sufficient.” (Himmelman v. Danos, 35 Cal. 448 .)

Again, it is not alleged that any claim was presented to the Board for $5,000.

H. JBJ. W Clarke, for the Respondent.

The allegation of presentation of the claim to the Board of Supervisors and its rejection is sufficient, under case of Alien v. County of Alameda, 43 Cal. 272 .

The Political Code (sec. 4072) prohibits the Board of Supervisors from considering a claim against the county “ unless an account, properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is…