MOORE v. BOARD OF EDUCATION OF CITY AND COUNTY OF SAN FRANCISCO et al.
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 promsied to pay nothing (except the nominal sum of one dollar in a following sentence) and appellant agreed to look to a voluntary committee later to be formed for his compensation. Respondents' demurrer was therefore properly sustained.
NOURSE, P. J., and GOODELL, J., concur.