Shepherd

The plaintiff is the owner of certain property situate on Mariposa Street, in the city of Fresno. He brought this action to enjoin the superintendent of streets from entering into a contract with the Improvement Company pursuant to an award for the doing of certain work upon the street, and has appealed from a judgment entered after a demurrer was sustained to his complaint.

[1] On February 3, 1919, the board of trustees of the city passed its resolution of intention of ordering certain work on the street from the northeast line of M to the south line of Devisadero Streets, which recited that it was to be done “in accordance with the plans and specifications heretofore adopted for doing said work and now on file in the office of the city clerk. ’ ’ The same day complete plans and specifications for the work were filed. On January 5, 1915, and some fifteen months before the enactment of an ordinance changing the name of Silvia Street to Devisadero, the board adopted plans and specifications for work on said Mariposa Street between the northeast line of M' Street and the south line of Silvia Street, which have never been specifically rescinded, altered, or abandoned. It is the…