McBean

— This action was brought for the purpose of recovering from the defendant city the sum of $4,221.19, claimed to be due from it on account of the construction of a sewer, and its promise to pay for the same. A demurrer to the complaint was sustained, and judgment thereupon given for defendant. The question is thus presented by this appeal, whether, upon the facts alleged in the complaint, the plaintiff is entitled to the relief which he demands.

It appears from the complaint that the sewer referred to was constructed along the center line of First Street, in the city of San Bernardino, between C and I streets, and between these terminal points the southern boundary of the city is the center line of First Street, so that one half of the sewer, as constructed, is outside of the city. It was constructed by the assignor of plaintiff, under a contract awarded to him by the board of tras *185 tees of defendant, and executed by its superintendent of streets, under the provisions of the “Act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities,” approved March 18,1885. (Stats. 1885, p. 147.) The contract…