Wells

Action to enforce lien of street assessment in the sum of one hundred and one dollars and forty-six cents for labor and material performed and furnished by plaintiff’s assignor under contract with the superintendent of streets in improving Mission street, in the city of San Francisco, from Courtland avenue to West avenue. The judgment was in favor of the plain *256 tiff for the sum demanded, and defendant appeals from the judgment and from an order denying his motion for a new trial.

1. On the trial defendant proved that the portion of Mission street to which said contract related had been graded, curbed, and macadamized to official grade in March, 1877, about fourteen years prior to the letting of the contract in question; and also proved that in 1888, by order of the board of supervisors, that part of Mission street involved in this action had been widened by adding sixteen and a-half feet to the eastern side thereof. On June 1, 1891, the board of supervisors passed a resolution of intention to order the improvement in question, describing it as follows: “ That Mission street, from Courtland avenue to West avenue, be graded to the official line and grade, that redwood curbs and…