McDonald

C.This action was brought to recover $907.50 and interest, as follows: $756.25 thereof upon a written contract entered into July 23, 1892, between James Casey and defendants, whereby the former agreed to grade, sewer, curb, macadamize, etc., Laidley street, between Pairmount and Harry streets, San Francisco; defendants agreeing to pay therefor $2.75 per foot for 275 front feet by them owned on said street.

The complaint avers the assignment in writing of the contract by Casey to plaintiff on the third day of October, 1892, and the completion of the work on the twenty-second day of March, 1893, to the satisfaction of, etc.

A second count of the complaint demands $151.25 for work, labor, and services performed and materials furnished to the defendants between January 1, 1892, and April 6, 1893, by said Casey, and avers the assignment of the demand therefor to plaintiff on the seventeenth day of April, 1893.

The answer of defendants does not deny the making of the written contract or its assignment to plaintiff, but avers that the price to be paid was $2 per front foot, and not $2.75, as alleged by plaintiff.

To the second count defendants answer, denying any indebtedness, and…