Frick

The plaintiffs applied to the superior court of Los Angeles County for a writ of mandate to the superintendent of streets of the city of Los Angeles, directing him to make an assessment for certain work done by them in laying a sewer in Seventh Street, under a contract "with the city authorities. In their application they aver that they entered into a contract with the superintendent of streets, by which they agreed to lay *578 the sewer “in accordance with plans and specifications therefor on file in the office of the city surveyor, . . . . but said plans and specifications were'faulty and erroneous in this: that about eight feet of sewer more were required by said plans and specifications to be laid, and were laid by affiants, than was authorized by the resolution of intention”; that they had performed their work to the satisfaction of the superintendent of streets, and that he accepted the same and made an assessment therefor, “and in said assessment included the cost and incidental expenses of said unauthorized eight feet”; that they brought an action to recover the amount of a portion of the assessment against one H. L. Williams, who had refused to pay the same, “because of…