Ertle v. Leary

The Court. The demurrer of defendants to the complaint in this action having been overruled, they declined to answer, and plaintiff obtained judgment enjoining defendants—who are the county of Placer, the persons composing the board of supervisors of said county, and D. M. Leary, and J. H. Van Dorn—from proceeding under a certain contract of date November 28, 1894, whereby said Van Dorn undertook to construct parts of a new jail for the use of the county; the judgment also declared the contract to be void. Leary, it seems, represented Van Dorn in the negotiation and execution of the contract; he and his said principal appeal, and contend that the complaint stated no cause of action. It is to be gathered from that pleading that, about February 21, 1894, the board of supervisors adopted plans and specifications for the erection of a county courthouse and jail, which jail was to contain cells in number and dimension as there designated, and, in accordance therewith, the first story of the courthouse, and the outer walls of the jail, were duly constructed by contract with one McCann. In August following, the board advertised for bids for the construction of twelve jail cells and required bidders to furnish complete specifications; six bids were received, each upon plans and specifications submitted by the bidder, and not upon any previously adopted by the board. The bid presented by Leary, with accompanying plans and specifications, was accepted by unanimous vote of the supervisors, and a contract founded thereon was made with Van Dorn, by which the latter agreed to construct and deliver to the county “the jail of the size and dimensions set forth in the plans, specifications, and detail drawings adopted by said board,” and made part of the contract, and the county agreed to pay him therefor the sum of ten thou[240]sand seven hundred and fifty dollars; the work contracted for included steel cells, with floors, doors, prisoners’ corridors, locking devices and certain plumbing. If said work is done the moneys of Placer county will be paid therefor, the cost of the county government will be increased, and the property of plaintiff, a resident taxpayer of the county, will, he says, be unjustly taxed.

Boards of supervisors in their respective counties have jurisdiction and power to cause to be erected and furnished, by contract let to the lowest responsible bidder, a courthouse, jail, and other public buildings; “provided, that none of the aforesaid buildings shall be erected or constructed until the plans and specifications shall have been made therefor and adopted by the board.” (County Government Act of 1893, sec. 25, subd. 9.)