Hall v. County of Los Angeles

Hayne, C. Further consideration has convinced us that our former opinion in this case was erroneous. The action is to recover the sum of two thousand five hundred dollars upon a contract alleged to have been made between the plaintiff and the county of Los Angeles, acting through its board of supervisors. The complaint alleges that the board invited proposals from architects for plans and specifications for the building of a jail. In response to this invitation, the plaintiff sent in his plans and specifications, and the board thereupon passed the following resolution, viz.: “ Resolved, that we adopt the plans of John Hall for a county jail, upon the condition that, after duly advertising for bids for the construction thereof, according to said plans and specifications, we receive a bid from a reliable party who will enter in a good and sufficient bond to construct the same, in conformity to said plans and specifications, for a sum not exceeding fifty thousand dollars; otherwise, it shall be in the discretion of the board to reject said plans, reserving to the board the privilege of making any alteration or change in said plans previous to advertising for bids as aforesaid, which shall be agreed to by said Hall, and which had been discussed by him and the board in considering the same.” It is then alleged that after advertisement, etc., the board received from a reliable party a bid for the construction of the jail, in accordance with said plans and specifications, for a sum nob exceeding fifty thousand dollars, which party was ready, able, and willing to enter into a sufficient bond, etc. The complaint then alleges, that at a meeting thereafter held the board passed the following resolution: “Whereas, it appears from facts in evidence before [505]this board that John Hall, whose plans for a county jail for the county of Los Angeles have been conditionally adopted, has been a party to the circulation of a baseless report, to the effect that money had been used, or was to be used, with the officers of this county and members of this board in connection with said jail plans; and whereas, the action of this board in adopting said plans was largely due to the advice of one Holcomb, who represented to said board and induced said board to believe that he was there as an unbiased expert, giving impartial advice to the board, whereas he was, as the board verily believes, the secret agent and advocate of said Hall; and whereas, said Hall has succeeded in procuring the adoption of his said plans and specifications by imposition practiced upon this board as above stated,—therefore, be it resolved, that the order heretofore, on the eighth day of January, 1886, made by this board adopting said plans and specifications, which said order is recorded in book 9, page 74, minutes of the board of supervisors, be and the same is hereby rescinded, vacated, and set aside, and said plans and specifications rejected.” The complaint then alleges that Hall never was a party to the circulation of the report mentioned in the resolution last quoted, and that he had nothing to do with Holcomb; and denies the adoption of his plans was procured by any kind of fraud or imposition. The court below gave final judgment for defendant upon demurrer to the complaint, and the plaintiff appeals.