Williams v. Savings & Loan Society

Action to foreclose a street assessment, made for sewer-work done in the city and county of San Francisco, under the street law of 1885. The appeal is prosecuted from the judgment and order denying a new trial. No demurrer was interposed to the complaint, and the judgment is supported by its allegations.

The contract provided that eight hours should constitute a legal day’s work for all persons employed. The contractor testified that the laborers worked ten hours for a day’s work. The court found that the contractor performed all the conditions of the contract. It is now insisted that a new trial should be ordered, because the finding is contrary to the evidence. There is no merit in the appellants’ position. If the finding had been in line with the evidence, the judgment would still have been the same. It is not a matter of the slightest concern to appellants as to the terms upon which the employees labored. (United States v. Martin, 94 U. S. 403 .)

One of the defenses to the action is, that the work for which the assessment was issued had not been performed according to the terms of the contract. The contract provided that when the man-hole was completed, “ the top of the…