Blake

This is an appeal from a judgment for the plaintiff, who is the assignee of the rights of one A. S. Macdonald against the defendant herein.

In 1906 Macdonald was the owner of certain submerged land in the city of Richmond, which land is known as tide lot No. 16, and lies under the waters of the bay of San Francisco. The outer boundary line of said land runs about along the line of what is known as the bulkhead harbor line in the bay of San Francisco as established by the United States Government. The defendant was at that time the owner of the uplands lot lying back of Macdonald’s land. Macdonald and the defendant entered into a contract under which the defendant was to do certain work, such as.building a seawall around and filling in the land owned by Macdonald, and when such work was completed, Macdonald was to convey to the defendant an undivided one-half interest in said land. Five years’ time was given to complete the work, and time was made of the essence of the contract. The defendant failed to complete the work; Macdonald assigned his rights to plaintiff, who sues for damages for breach of contract.

The chief point made by appellant is that the court erred in excluding…