Fabela v. Hargis

The present action is against the city of Los Angeles to recover $13,042.51 damages allegedly sustained due to the citys breach of a construction contract awarded plaintiff under authority of the city charter and the Improvement Act of 1911 (Sts. & Hy. Code, 5000 et seq.). The gravamen of the amended complaint is that the city wrongfully compelled plaintiff to perform certain repair work not contemplated by his contract; recovery is sought for $11,741.23, the cost of said repairs, and for $1,301.28 interest which plaintiff paid for the use of money he was obliged to borrow in order to complete said repairs. Trial was to the court. Before the introduction of any evidence, defendant made motions to exclude evidence, for summary judgment and for judgment on the pleadings; the court granted these motions and ordered a nonsuit. Plaintiff appeals.