Quackenbush

The plaintiff, a corporation, brought this action to foreclose a street assessment lien upon defendant’s lot. Defendant interposed a general demurrer to the complaint, wThich was overruled without *686 argument. An answer was afterwards filed, a trial liad, and findings and judgment were for the plaintiff, and this appeal is from the judgment, and also from an order denying defendant’s motion for a new trial.

The only point now made upon the demurrer is that the complaint shows that bids were to be received until 4 p. m. of January 16th, and that the bids were opened, examined, and declared by the board on the 15th, and in pursuance thereof awarded the contract to the plaintiff.

Respondent contends that the date of opening the bids stated in the complaint is a clerical error, and that this is apparent from the allegation in paragraph 7, “ that on the sixteenth day of January, 1892, and prior to 4 o’clock p. m., various sealed proposals to do said work were delivered to the clerk of said board of supervisors. That the plaintiff herein signed and handed in to said clerk one of the said sealed proposals,” etc.

There is an inconsistency in these dates, and, if it could be said that…