Brock

—This appeal is from a judgment in favor of the defendant, and is brought up on the judgment roll alone.

The action was instituted to foreclose a street assess-# ment made by the superintendent of streets of the city and county of San Francisco. The court below found that the contract entered into by that officer and the person to whom the street-work was awarded by the board of supervisors of that city and county was void, because the time within which it specified the work was to be done was a different time than that authorized by the board in the notice inviting sealed proposals by bidders to do the work, and in the award of the contract; and that the assessment based upon such void contract was also void, and not to be enforced.

It seems from the findings that the time specified in the published proposal to bidders and in the award of the contract was twenty-five days from the signing of the contract, but the contract actually made and entered into by the superintendent of streets and the contractor *319 to whom the assessment was issued -was, that the work should be completed in thirty days from the signing of the contract.

The appellant contends that the difference in…