Thomasson

This is special assumpsit upon a written contract to recover from the defendant (a corporation) the sum of four hundred and twenty-five dollars and twenty-five cents, for paving two thousand and twenty-five square feet of Capp street, in the city and county of San Francisco, together with interest, counsel fees, etc., and to foreclose a mechanic’s lien taken to secure the payment thereof.

Defendant had judgment for costs, from which judgment, and from an order denying their motion for a new trial, plaintiffs appeal.

The complaint sets forth a written contract according to its legal tenor and effect, and not hsec verba, whereby *559 several parties, and among them the defendant, severally, and not jointly, agreed with plaintiffs to pay the prices therein mentioned to the latter, for paving the roadway of Capp street, in front of their several lots, the material to be furnished and the work done by said plaintiffs, “all in accordance with specifications on file in the office of the superintendent of public streets,” etc., “ to the satisfaction of the said superintendent of public streets,” etc.

The amended answer of the defendant denies that it entered into the contract, and…