Buckman

Action to foreclose a street assessment in San Francisco.

The validity of the assessment is contested upon the ground that the contract for doing the work was invalid by reason of the failure on the part of the superintendent of streets to fix the time for the commencement and the completion of the work. Judgment was rendered in favor of the defendant, from which and from an order denying his motion for a new trial the plaintiff has appealed.

The contract in question was awarded to W. H. Maxwell, and notice of the award having been posted and published December 11, 1890, the contract was entered into by Maxwell and Thomas Ashworth, as superintendent of .streets, December 23, 1890. The body of the contract was written, dated, and signed on one page» which was numbered “ page one,” and provided, among other things, that Maxwell would do and perform all the work required to be performed, under the direction and to the satisfaction of said superintendent, “ according to the specifications hereunto annexed and made part of this contract.” Upon the upper part of another sheet of paper which was attached to the contract, marked “ page 2,” was pasted a copy of the specifications which…