Buckley

This is an action commenced by plaintiff, as assignee of the Dundon Bridge and Construction Company, against the county of Marin, and arises out of a contract entered into between the said company and defendant for the construction of a bridge across the tidal channel separating Belvedere from Tiburón in said county. Two causes of action are set forth in the complaint: 1. To recover the sum of seven thousand dollars, the contract price for the work described in the complaint. 2. To recover the reasonable value of the work done, not to exceed the sum of seven thousand dollars.

It is alleged in the first count of the complaint that plaintiff’s assignor commenced the work on September 1, 1903, and prosecuted same “with due diligence, and thereafter duly performed said contract and all the terms and conditions thereof and fully completed the same on the 1st day of February, 1905.” In the second count it is alleged that plaintiff’s assignor, between the dates above named, performed certain labor and furnished certain materials in and about the construction of said bridge; “that said work in the performance of which said services were rendered and said materials furnished, ivas'…