McVerry

— This is an action to foreclose the lien of a street assessment upon a lot on Clay Street, in the city of San Francisco.

The appeal is by defendant Boyd from the judgment and order denying his motion for a new trial.

Findings of fact were waived.

April 3d was the day upon which the contract of plaintiff for the completion of the work expired, and upon that day the board of supervisors passed the following'resolution: “Resolved that the superintendent of public streets, highways, and squares be and is hereby directed to grant the following extensions of time on *306 street contracts, viz., to property owners or assigns, thirty days for regrading Clay Street from Jones to Leavenworth.”

The street superintendent did not, in pursuance of the foregoing resolution, issue a certificate of the thirty-day extension until April 10th.

The extension must be granted within the life of the contract, in order to be valid. (Raisch v. San Francisco, 80 Cal. 1 ; Beveridge v. Livingstone, 54 Cal. 54 .)

1. It is contended by the appellant that the extension to the contractor is granted by the street superintendent, and that the resolution of the board of supervisors is merely permissive or…