Buckman

Action to foreclose an alleged street assessment lien upon the defendant’s lot.

Defendant had judgment, and plaintiffs appeal therefrom, and from the order denying their motion for a new trial.

The facts necessary to be stated with reference to the points upon which this decision must rest are as follows:

On March 7,1890, the board of supervisors of the city and county of San Francisco, in pursuance of the act of March 18, 1885, and the act amendatory thereof, approved March 14, 1889, passed a resolution of intention, declaring “ that Jones street from the southerly line of Chestnut street to Montgomery avenue be graded to the official line of grade.”

On August 13, 1890, the superintendent of streets contracted with one C. D. Vincent to do the work, the contract providing that the work should be completed within ninety days from the date thereof. After five extensions of time had been granted for the performance of the contract, the first four of them for ninety days, and the last for thirty days, the work, except that part of it shown by the engineer’s certificate, was completed about the 16th of November, 1891, at which time the assessment was issued therefor, whereby…