MOORE v. BOARD OF EDUCATION OF CITY AND COUNTY OF SAN FRANCISCO

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District Court of Appeal, First District, Division 2, California.

MOORE v. BOARD OF EDUCATION OF CITY AND COUNTY OF SAN FRANCISCO et al.

Civ. 14159.

Decided: February 09, 1950

John C. Moore, San Francisco, in pro. per. Dion R. Holm, City Attorney, San Francisco, Irving G. Breyer, San Francisco, of counsel, for respondent.

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.

Judgment affirmed.

DOOLING, Justice.

NOURSE, P. J., and GOODELL, J., concur.