Klauber

This appeal is upon the judgment roll, and was taken by plaintiffs.

The findings show that defendant owned and was operating a street-railway in San Diego, and plaintiffs were the owners of certain lands, to which they desired to have the street-railway extended. On September 30, 1887, they therefore agreed with defendant, in consideration that it would build and operate the road in a specified way, that they would procure the right of way between certain named points, and the franchise from the city permitting the use of the streets, and a grant of the right of "way over the city lands, and pay defendant $6,000 per mile of such extension, and also pay for all *356 material and labor necessary to construct all of the bridges, trestles, and culverts along the line of the road; that plaintiffs performed their part of the contract, procuring and turning over to defendant franchises and rights of way worth $10,000, and paid for building all the bridges, trestles, and culverts, $22,000, and the further sum of $41,695.88, being $6,000 per mile for each mile of such extension; that the railway and franchises were worth only $25,000, and plaintiffs have been benefited by its construction…