Ryan

On the eleventh day of June, 1888, the board of supervisors of the city and county of San Francisco made and passed a resolution of intention, declaring their intention to order “redwood curbs, plank sidewalks, and rock gutters to be laid on the southerly side of Post street, commencing at the southwesterly corner of Broderick and Post streets, for a distance of 275 feet, and that the southerly one-half of the roadway opposite to the above-described portion of Post street be regraded and remacadamized.”

*175 In regular course of the procedure thus inaugurated, the board ordered the work to be done February 11, 1889, and March 18, 1889, awarded to plaintiff a contract for the work. Plaintiff duly entered into a contract with the street superintendent, and proceeded to do the work, and on May 8, 1889, the assessment, upon which this suit is brought, was made and assigned to him.

The specifications stated “ that portion of Post street is to be graded by the removal of all loose sand or earth until the old macadam shall have been reached, or to a depth of not less than twelve (12) inches at the center or crown of the street should the original macadam be entirely gone.”

Plaintiff’s…