Harris v. Central Union High School District

CONREY, P. J.

On or about the twelfth day of February, 1915, the board of trustees of the defendant published a notice to architects, calling for plans and specifications in detail for a proposed addition and extension to the- high school building of the district. It was stated in the notice that “the said trustees will award to the architect whose plans and specifications in detail are adopted” a specified premium and compensation. At a meeting of the board held on the fourteenth day of March, 1915, the board, having considered several plans and specifications submitted under said notice, including those of the plaintiff, took action which was shown by the minutes of the meeting that it was “Moved by Hamilton, seconded by Clark, that the plans and specifications of F. T. Harris be accepted. Motion carried.” At .a meeting of the board held on the sixteenth day of April, 1915, said minute entry was read and, on direction of the members of the board, but without formal motion and order of the board, the secretary amended the minute entry by inserting after the word “accepted,” the words “when modified and changed to the satisfaction of the board.” After the amendment had been interlined by the secretary, a motion was made and carried “that the board rescind the action of March 14, 1915, with reference to accepting the plans and specifications of architects.”

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Upon the issue as to whether or not the plans and specifications were accepted as alleged in the complaint, the court found: “That on the fifteenth day of March, 1915, the said board of trustees of the defendant, after duly considering all of the plans and specifications submitted under the said notice by resolution and order spread upon the minutes of said board, adopted the said plans and specifications as submitted by plaintiff, subject to a condition subsequent, to wit: that the plaintiff should modify and change

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the plans and specifications to the satisfaction of the board,” etc. The court further found that after so receiving and accepting the plans and specifications so prepared and submitted by plaintiff, the board of trustees, without requesting the plaintiff to make any modifications or changes in said plans and specifications, and without notifying the plaintiff what, if any, modifications or. changes in said plans and specifications were desired by the board, and without affording the plaintiff an opportunity to make any desired modifications or changes in' said plans and specifications, failed and refused to proceed further with the construction of said building and repudiated and by order entered on their minutes on or about the first day of April, 1915, attempted to rescind and vacate their former action as to said plans and specifications so prepared by plaintiff, and have ever since refused, and do now refuse, to pay plaintiff the sum agreed to be paid for said plans and specifications or any sum or sums whatever, etc., by reason whereof plaintiff suffered damages in a stated sum for which judgment was awarded.