MOORE v. BOARD OF EDUCATION OF CITY AND COUNTY OF SAN FRANCISCO (1950)

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.

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