Flinn

This is an action brought to recover the sum of $341 for grading and sewering Forty-ninth Avenue, San Francisco, in front of the defendant’s property. The contracting firm of Raish & Clark had a private contract for doing this work signed by all the property owners except defendant. This firm assigned its contract to plaintiffs herein to do the work, and defendant contracted with the assignees for his frontage. Judgment was rendered against the defendant for the sum sued for, and defendant appeals.

Two grounds are urged for reversal—first, that the action is barred by the statute of limitations; second, that the contract is unlawful for the reason, it is claimed, that the work was done without a permit from the board of public works.

We do not consider there is merit in either contention.

With reference to the first, while it appears that the physical work was completed on March 11, 1914, it was not until April 13th following that a resolution was adopted by the board of public works accepting the work. Suit was filed March 24, 1916, which was in ample time. The claim of appellant that the statute commenced to run from the actual completion of the work and not from the date of…