Bernstein

This action was brought to recover four hundred and thirty-two dollars and twenty-five *202 cents for work and material furnished by plaintiff’s assignors in making improvements on the street and sidewalk in front of defendant’s lot. This sum of money was the amount originally fixed as a street assessment; but the assessment, on account of a certain irregularity became Void, and the action is founded upon defendant’s promise to pay the amount so assessed. Judgment went for plaintiff, and defendant appeals.

Appellant’s main contention for a reversal is that the complaint does not state facts sufficient to constitute a cause. This contention cannot be maintained.

The complaint is a lengthy one and has three counts; but the main facts stated are, briefly, these: Appellant owned a lot fronting on Second street, between D and E streets, in the city of San Bernardino; and he and certain other owners of lots on said Second street, between D and E, petitioned the board of trustees of said city to cause certain street work to be done on that part of said street. In response to said petition the trustees duly adopted a resolution of intention to order certain described work to be done on…