Abrahamson

In this case the appellant asserts the validity of the proceedings taken by the officials of the city of Oakland for the improvement of San Pablo Avenue, and which were held invalid by the supreme court in Barber Asphalt Pav. Co. v. Jurgens, 170 Cal. 273 , [ 149 Pac. 560 ]. Most, if not all, of the questions presented in that case arid there decided are raised here, the -reason given by counsel for appellant for so doing being that new facts developed at the trial of this ease which, regardless of the rules laid down in the Jurgens case, show the proceedings to have been in fact valid. We think, however, that the record before us does not sustain this contention, although the questions raised in the trial court were presented apparently in somewhat different form than that in which they arose in the decided case.

The proceedings were conducted under the Vrooman Act (Stats. 1885, p. 160) as it existed in the statutes of March 21, 1907 (Stats. 1907, p. 806), when the resolution of intention to make the improvement now under consideration was adopted by the council.

At the- trial of this ease the plaintiff offered evidence to prove that the contract made and entered into in this…