McIntyre

The purpose of this action was to obtain a decree declaring a street improvement bond, which had been issued against plaintiff’s property, canceled and the lien thereof annulled.

A general demurrer interposed to the complaint by the defendant was sustained. Plaintiff declined to amend, whereupon the court gave judgment for defendant, from which plaintiff appeals.

As appears from the complaint, the contract for doing the work was duly awarded to one T. E. Shaffer, with whom the board of public works, on August 17, 1910, duly entered into a valid contract for the performance thereof in accordance with the plans and specifications therefor. The specifications, among other things, provided for the construction of a stone wall as therein specified. Appellant concedes that all the proceedings required by law to be had and taken as a prerequisite for entering into the contract were duly had and taken, and the validity of the contract of August 17, 1910, is unquestioned. The cause of action is based upon the allegation of the complaint that on or about September 10, 1910, and after the board of public works had on August 17, 1910, entered into a valid contract for the doing of the work,…