Blochman v. Spreckels

CHIPMAN, C.

Defendant became the purchaser of certain lots belonging to plaintiff in the city of Coronado, at a sale for non-payment of interest on a bond issued to a contractor to represent the assessment against plaintiff’s said lots for street work. The action is to restrain defendant from applying for a deed and to quiet plaintiff’s title, as against said sale. Plaintiff had judgment, from which and from the order denying his motion for a new trial defendant appeals.

The controversy grows out of the improvement of Orange Avenue in said city, which improvement was made under the Street Improvement Act of March 18, 1885, as amended in 1891, (Stats. 1891, p. 116).

Appellant contends that there are no sufficient findings upon certain issues,—namely: 1. That no plans or specifications for said work were ever adopted; 2. That no bond was ever given by the contractors for the performance of their contract; and 3. That Orange Avenue has never been dedicated or accepted as a public highway. The court found that no plans for doing the work were ever adopted by the board prior to the passage of ordinance No. 39, and that it never adopted any specifications other than such as are contained in said ordinance, and in the resolution of intention and the resolution ordering the work; and that no plans for doing said work were ever adopted by the board after the passage of said ordinance No. 39. The ordinance is set out in its entirety; the resolution, of intention is fully set

[664]

forth elsewhere in the findings, and the pleadings admit that there was a resolution ordering the work. As to the bond, the finding is, that “a bond purporting to be given as and for a bond for doing said work, by said contractors, for the performance of said contract, is in the words and figures following : [then follows the bond]; that no other or different bond was ever given for said purpose.” As to the dedication of Orange Avenue, the findings set forth all the facts connected with the attempted dedication, which included the map filed by the Coronado Beach Company, owners of the land over which the avenue ran; also a deed of dedication, duly recorded, with certain reservations. The rule is, that if all material issues are not found upon, a reversal will not be ordered, unless the findings on those issues in favor of appellant ■ would entitle him to a judgment.