Ertle

The demurrer of defendants to the complaint in this action having been overruled, they declined to answer, and plaintiff obtained judgment enjoining defendants—who are the county of Placer, the persons composing the board of supervisors of said county, and D. M. Leary, and J. H. Van Dorn—from proceeding under a certain contract of date November 28, 1894, whereby said Van Dorn undertook to construct parts of a new jail for the use of the county; the judgment also declared the contract to be void. Leary, it seems, represented Van Dorn in the negotiation and execution of the contract; he and his said principal appeal, and contend that the complaint stated no cause of action. It is to be gathered from that pleading that, about February 21, 1894, the board of supervisors adopted plans and specifications for the erection of a county courthouse and jail, which jail was to contain cells in number and dimension as there designated, and, in accordance therewith, the first story of the courthouse, and the outer walls of the jail, were duly constructed by contract with one McCann. In August following, the board advertised for bids for the construction of twelve jail cells and required bidders…