McDonald

This is an appeal by defendant from a judgment in favor of plaintiff in an action to recover the amount of a street assessment in San Francisco and from an order denying a new trial.

*494 This litigation has arisen — as much former litigation arose—out of the carelessness of officers and contractors when attempting to follow statutory provisions about street work, or willful efforts to evade some of those provisions. We do not think, however, that in the case at bar any of the points made for reversal are tenable.

It is contended by appellant that the contract for the work is absolutely void because it contains the following clause: “Nor shall the said James Gilleran, said superintendent, nor his sureties or bondsman, be liable or holden.....for any delinquency on his part.” This clause should not have been in the contract; for the superintendent can only he relieved from the “ delinquency of persons and property assessed.” The clause is not authorized by the statute. It proposes to relieve the superintendent from the consequences of his failure to do certain acts necessary to the validity of the assessment, upon which alone the contractor could collect the money due for his…