Gallagher

T his action is one to foreclose a public contract street improvement lien under San Francisco Street Improvement Ordinance of 1918. The contract was entered into under date of October 20, 1923. It provided that the work should be done within ninety days. This time expired January 18, 1924. On January 9, 1924, prior to the expiration of the time within which the work was to be completed, pursuant to a previous request by the contractor, the board of public works recommended to the board of supervisors the granting of the desired extension, and on January 21, 1924, three days after the expiration of the original time called for by the contract for the completion of the work the board of supervisors granted the desired extension, and the work was completed on February 19, 1924, within the life of the extension.

This appeal is limited to two points—both of law. The first point urged is that “this street assessment is void, as the work was not done within the time fixed by contract and the extension was not granted within the life of the contract,” and the second that “findings were not waived and there are no findings the basis of any judgment.”

The ordinance of 1918 under which…