Tryon v. Clinch

SHAW, J.

It appears that the defendants owned a tract of land through which they had opened a street, and prior to its dedication for public use they agreed, for their mutual advantage, that it should be improved. The ownership of the land was not joint, but held in severalty, Markham owning approximately two-thirds of the tract and the remainder being owned jointly by Clinch and See, who entered into negotiations with plaintiffs for doing the work of improving the street known as Morning Gate Court, as a result of which the latter caused to be delivered to Clinch and See a letter reading as follows:

“Los Angeles, Cal., Aug. 12, 1913.

“Messrs. C. N. Clinch

&

Robt. T. See,

“6401 Hollywood Blvd.,

“Hollywood, Cal.

“Gentlemen:

‘

‘

Confirming our verbal bid of this date, we hereby propose to improve Morning Gate Court between Sunset Boulevard and Selma Avenue in Hollywood for the sum of $1475.00, payable upon completion of the work. [Then follows a description of the work proposed to be done.]

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"If satisfactory to you the signing of this may substitute a good and sufficient contract between us for the said work.

"Tours very truly,

"Tryon

&

Brain,

"By W. C. Brain.”

<—followed by the word "Accepted.” On the day of the receipt of this letter Clinch and See attached their signatures thereto and ordered Tryon & Brain to proceed with the work. At this time the defendant Markham was not in California, and did not return to California until the latter part of September. Tryon & Brain proceeded with the work until September 7th, at which time, under instructions from Clinch and See, they discontinued the same, the value of which, as performed, the court found was the sum of $1,240. Upon Markham’s return to California on or about the twenty-fourth day of September, he, at the request of Clinch and See, attached his name to the letter, which was then, and after Tryon & Brain had completed the work, delivered to them.