Mulberry

Plaintiffs are severally the owners of parcels of real property in the city of Los Angeles against which liens are claimed under certain proceedings taken by the city for the improvement of Temple street. Defendant Tryon-Brain Company, a corporation, was the contractor, and performed the work of laying cement sidewalks and building cement curbs along certain portions of said street. Upon completion of the work the rights of defendant company under their contract were assigned to defendant O ’Dea. Certain irregularities in the proceedings taken by the city and alleged defects in the form of contract made with theTryon-Brain Company formed the basis for this suit, by which it was sought to have it adjudged that the assessments made-against the several pieces of property owned by plaintiffs to secure payment of the contract price for the doing of said work were void, and that no liens attached for the benefit of defendant contractor. A statement of facts was agreed upon in the lower court, and upon submission of the cause judgment was entered for plaintiffs and defendants have appealed.

The proceedings for the improvement of Temple street were taken under authority of the act of the…

I concur in the judgment upon the ground first stated in the opinion.