Himmelmann v. Satterlee
Himmelmann v. Satterlee
Opinion of the Court
The only point which requires notice relates to the work on the sidewalks. The resolution of intention was, “That Washington street, from Van Ness avenue to Polk street, be macadamized and curbed with redwood curbs.” In the notice inviting sealed proposals for doing the work, there is added work in macadamizing the sidewalks. The macadamizing of a street and the construction of sidewalks are different kinds of work, and are so designated in the statute. (See Beaudry v. Valdez, 32 Cal. 276.) When a street is ordered to be macadamized, it is meant that the roadway only is to be improved. That is the usual acceptation of the term macadamize, when applied to street work, and in that sense it is employed in the statute. The board did not, by their resolution of intention, acquire jurisdiction to order work to be performed on the sidewalks, and the contract is void unless the work on the sidewalks can be separated from that performed on the roadway. The plaintiff states, in his brief, that the whole street is of the width of sixty-eight and nine-twelfths feet, and that, of that space, the sidewalks occupy thirty feet; but we are not referred to any portion of the record before us which shows the width of the sidewalks.
Judgment and order reversed and cause remanded for a new trial.
Reference
- Full Case Name
- ANDREW HIMMELMANN v. JOHN SATTERLEE and THE HIBERNIA SAVINGS AND LOAN SOCIETY
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Macadamizing a Stbebi.—In San Francisco, the macadamizing of a street and the construction of sidewalks, are different kinds of work, and when a street is ordered to he macadamized, it is meant that the road-h way only is to be improved. Contbact fob Impboving a Stbeet.—Under a resolution of intention to macadamize and curb a street, the Board of Supervisors of San Francisco do not acquire jurisdiction to order work to be performed on a sidewalk; and if the notice for sealed proposals calls for work also to be done on the sidewalks, the contract following the notice is void unless the work done on the sidewalks can be separated from that done on the roadway.