Black v. City of Santa Monica

GOULD, J.,

pro

tem.

Plaintiffs, acting under a contract with defendant City of Santa Monica, were engaged in making alterations in the municipality’s street lighting system. By its terms the contract provided that- the city should be the sole judge as to the satisfaction and performance of the work done by the contractors and that it might at any time “upon ninety days’ written previous notice’’ cancel and terminate said contract.

The within action is a proceeding in

mandamus

against the city and its officers, alleging that the contract was canceled by defendants without any notice whatsoever, and that by reason of that act and by the failure and refusal of defendants to make certain electrical circuit releases and permits, plaintiffs were prevented from carrying out their contract according to its terms. Relief was asked in the nature of a judicial mandate directed to the city and its officers ordering them to perform the necessary acts to permit plaintiffs to resume work under the contract and decreeing that the contract be terminated only upon ninety days’ notice as provided by its terms. Defendants interposed general and special demurrers, which were overruled by the court; defendants in open court declined and refused to answer the complaint and judgment thereupon was ordered for plaintiffs. Defendants appeal.

[6]

Appellants’ contention that the contract might be terminated by the city without notice and in disregard of the ninety-day provision is untenable. A notice of cancellation declaring cancellation effective at a time short of that stipulated in the contract is without effect and does not operate to work a cancellation.

(Oldfield

V.

Chevrolet Motor Co.,

198 Iowa, 20 [199 N. W. 161, 35 A. L. R 889] ;

Cline

v.

Smith,