Maguire

Plaintiffs and appellants brought this action to enjoin respondents, the hoard of public works and chief building inspector of the city and county of San Francisco, from demolishing a certain wooden building erected and maintained within the fire limits of said city and county. The . cause was submitted upon an agreed statement of facts, and this is an appeal from the judgment of the lower court denying the plaintiffs the relief asked for.

The building was erected in May, 1906, immediately following the great fire of that year, at a cost of twelve thousand dollars, and is a wooden building containing nine stores, producing a substantial rental, the tenants in the said nine stores using the same for lawful business purposes. At the time of its construction, by and with the consent of defendants, and under the written permit and supervision of the said board of public works, an oven was constructed and installed by the plaintiffs in said building, and as a part thereof, at a cost of seven hundred dollars. By its construction the oven became, and at the time of the filing of the complaint still was, a part of the building.

Acting under and by virtue of the authority and direction…