Watson

This is an appeal from a judgment foreclosing a lien for an assessment levied for certain street work in the city of St. Helena under the provisions of the Improvement Act of 1911. The complaint alleges, in due form, the performance of all things required by the Improvement Act to be done up to the signing of the contract on the seventh day of November, 1912. It alleges the execution of the contract, but does not .contain any statement as to what time was therein fixed by the superintendent of streets for the beginning of the work or the completion thereof, other than the general allegation that the superintendent of streets “fixed the time for beginning said work and the time for completing said work.” The complaint then goes on to allege that the plaintiff “did and caused to be done all the work in said contract . . . and duly performed on its part in every respect the said work according to . . . the terms of the contract”; that the work was approved and accepted by the superintendent of streets on the sixteenth day of May, 1913, and that thereupon the assessment and diagram for the work was made by the superintendent of streets, in due form, with his warrant and the engineer’s…