Hackett

This action was brought in the superior court of the city and county of San Francisco against the state of California, by John Hackett, as assignee of W. D. English and the Pacific Coast Dredging and Reclamation Company, pursuant to a statute enacted March 15, 1889, authorizing such suit to be brought. (Stats. 1889, p. 221.) Defendant’s demurrer to the complaint was sustained, and the plaintiff declining to amend, judgment was entered for defendant, and the plaintiff appeals therefrom.

The contract out of which this controversy arose was made by W. D. English with the board of state harbor *145 commissioners, on February 20, 1884, for the construction of section five of the seawall and thoroughfare and wharf along the water-front line of the city and county of San Francisco. This contract was made by English for the Pacific Coast Dredging and Reclamation Company, a corporation, and on January 2, 1889, the corporation assigned the contract to plaintiff. The point of plaintiff’s contention is that by said contract the contractor agreed to furnish, and the state agreed to pay for, 216,000 tons of stone at 52 cents per ton, and 285,-000 cubic yards of earth at 29 cents per cubic…