Opinion
No. 11100.
December 5, 1944. Rehearing Denied January 11, 1945.
Appeal from the District Court of the United States for the Western District of Texas; Charles A. Boynton, Judge.
Action by Harvey B. McAllister against City of Riesel, Tex., to recover compensation for services rendered under contract of employment of engineer to draw plans and specifications for a municipal water works and sewer system. From an order dismissing the complaint, plaintiff appeals.
Order affirmed.
Will A. Morriss and Will A. Morriss, Jr., both of San Antonio, Tex., for appellant.
John Maxwell, of Waco, Tex., for appellee.
Before HUTCHESON, WALLER, and LEE, Circuit Judges.
The complaint as amended does not allege the performance of the conditions precedent to Plaintiff's right to recover; nor does it allege that such performance was wrongfully prevented by the City; nor that the period from September 2, 1935, until July 15, 1938, was not a reasonable time within which to perform the conditions precedent; nor was the performance of the conditions precedent in any wise alleged or excused.
Any right in the Plaintiff to receive compensation was contingent under the contract, and the contract was so vague and indefinite as not to be enforcible against the City.
The order of the lower Court in dismissing the complaint is affirmed.