Gallagher

This is an action to foreclose a public contract street improvement lien under San Francisco, street improvement ordinance of 1918.

The action was tried upon the following facts stipulated in evidence: The contract mentioned in the complaint was entered into on July 22, 1920, and provided that the work called for thereby should be completed within 150 days from such date and it was not completed within that time. Upon request of the contractor, the board of public works did on December 13, 1920, transmit to the board of supervisors its recommendation that an extension of ninety days be granted the contractor to complete the work. The board of supervisors on December 20, 1920, one day after the expiration of the original time prescribed for the completion of the work, passed its resolution granting the application for the extension of time for a period of ninety days, and the resolution was approved by the mayor of the city and county of San Francisco December 23, 1920. A further extension of time was granted from and after March 19, 1921, and the work was completed within the life of such second extension. There also appears in the stipulated evidence the fact that no assessment…