McAuley

This action was brought to foreclose a mechanic’s lien upon a lot of land in the city and county of San Francisco belonging to defendant McAuley. The lien is claimed and was filed to secure payment for certain street-work in front of said lot, done under a contract between plaintiff’s assignor and said defendant. On a trial of the case before the court without a jury, the findings and judgment were in favor of defendants; but a new trial was granted, on motion of plaintiff, and this appeal is by defendants from the order granting the new trial.

It does not appear from the record upon what ground the new trial was granted; but if we can discover any ground upon which the order could have been reasonably based the action of the trial court should be affirmed.

The court had found that the contract was not substantially complied with and performed by plaintiff, in that the sidewalks were not macadamized with four inches of macadam, as required by the contract, but only with from one and one quarter to two inches in some places, and in others no macadam whatever was laid; that the roadway was not macadamized to a depth of twelve inches, as called for in the contract, but only to a…