Diggins
Diggins v. Hartshorne
Opinion
Lead Opinion
Harrison, J.
Action to foreclose the lien of a street assessment in the city and county of San Francisco. Under proceedings properly taken therefor by the board of supervisors of the city and county of San Francisco, the superintendent of streets entered into a contract November 28, 1879, with Buckman, the plaintiff’s assignor, for grading Seventh street from the northerly line of Berry street to Channel street; and, after the work had been completed to his satisfaction, issued an assessment therefor. The following is a copy of the *157 diagram which is attached to the assessment, so far as the present action is affected.
The present action was brought to foreclose the lien of the assessment against lot 3. It is contended by the appellants that, upon the official map of San Francisco, Channel street runs from Third to Eighth streets at right angles with Seventh street, and parallel to and two hundred and seventy-five feet southerly from Berry street, and that, as by the above diagram Channel street-intersects Seventh street, diagonally, the assessment shows upon its face that the work contracted for has not been performed, and that the expense of the work done has not been assessed upon all…