Ede

This is an action to foreclose a street assessment lien.

The court found that the work was not completed within the time specified in the contract; that the time within which the work was to be completed was not extended; that no assessment was made to cover the sum due for the work named in the complaint, nor was any *161 diagram ever made showing the particular lot, or portion of lot, with the number of feet frontage assessed for the work; that the lot described in the complaint was never assessed for the work; and that no public demand was made as required by law, nor was any return made upon the warrant by the contractor stating the nature of his demand.

None of these findings is supported by the evidence.

The contract was entered into on November 28, 1879. The act under which the contract was made (Stats. 1871-72, p. 809) provided for extensions of time. These provisions entered into and became a part of the contract, and were not affected by the provisions of the new constitution. Section 19 of article XI. of the constitution applies only to contracts made after the constitution took effect. (Ede v. Cogswell, 79 Cal. 278 .) A valid contract cannot be abrogated by the…