California Courts of Appeal, 1950

Moore v. Board of Education

Moore v. Board of Education
California Courts of Appeal · Decided February 9, 1950 · Dooling
96 Cal. App. 2d 28; 214 P.2d 70; 1950 Cal. App. LEXIS 1312

Moore v. Board of Education

Opinion of the Court

DOOLING, J.

Appellant petitioned for a writ of mandate to compel respondents to pay him $9,300 alleged to be due for services performed under a contract. The contract is alleged to be evidenced by a letter which contains the following provision:

‘' The entire amount of the bid $9,300 to be raised by private means, without cost or obligation on part of the Board of Education, by a committee to be subsequently appointed.”

Apart from any other consideration it appears that respondents promised to pay nothing (except the nominal sum of $1.00 in a following sentence) and appellant agreed to look to a voluntary committee later to be formed for his *29compensation. Respondents’ demurrer was therefore properly sustained.

Judgment affirmed.

Nourse, P. J., and Goodell, J., concurred.

Appellant’s petition for a hearing by the Supreme Court was denied March 30, 1950.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.