Tryon

J.—from a judgment entered in favor of the plaintiffs after second trial of the cause. The first judgment was brought here by appeal of the same defendant, the case being reported in 32 California Appellate Reports, at page 150, under the same title.

The action was brought by the plaintiffs to recover for the value of work done and materials furnished in the laying out 'and improvement of a certain street or roadway. The facts are that appellant and his codefendants Clinch and See were severally the owners of certain portions of a tract of land; about two-thirds of it belonged to appellant, and the other defendants held an equitable title to the remainder. Under this condition of ownership, appellant conferred with Clinch and See and together they determined that it would be advisable to construct a street through the tract. Clinch or See agreed to look up a contractor, and did this. However, before any contract was made, the appellant was called east. Before going, he consulted further ■with. Clinch and See and left the matter of arranging for the street improvement work with them. About this time, or shortly thereafter, the plaintiffs addressed a written proposal to Clinch and…