Turney

The resolution of intention for the grading of Bay Street from Jones to Dupont was adopted by the Board of Supervisors March 25th, 1867, and the resolution ordering the work done was adopted April 8th, 1867. In 1868, a contract was let at forty cents per cubic foot, and the contractor having been released, a second contract was let in January, 1869, at fifty-five cents per cubic foot; and that contractor having been released, the third contract was awarded to the defendant in April, 1869, at the *620 rate of ninety-nine and seven-eighths cents per cubic foot, and on the 8th day of May, 1869, the contract was executed, by the defendant and the Superintendent of Streets. The work was to be commenced within one hundred days and completed within twelve hundred and sixty-five days from the date of the contract. The Board of Supervisors, on the 14th day of June, 1875, considered the petition of the defendant for the extension of time for the completion of the work under the contract, and adopted the report of the Committee on Streets, etc.—the report being adverse to the petition for the extension of time for the grading of said street. After this refusal to extend the time, the Board…