Goodsell

On the sixth day of February, 1890, the board of supervisors of the city and county of San Francisco, after the necessary preliminary proceedings had been taken therefor, awarded to one Thomas Phil-bin a contract to construct a brick sewer, of certain dimensions and according to certain specifications, on Susquehanna street, from the northeasterly line of Corea street to the northeasterly line of Trinidad street, in said city. On the 19th of the same month the defendant Thomas Ashworth, as superintendent of streets, and said Philbin entered into a contract whereby the latter was to construct the said sewer according to the attached specifications and at a stipulated price. Shortly thereafter Philbin commenced the construction of the sewer, and completed the same before May 28, 1890. On the last-named day Ashworth, as such superintendent of streets, having accepted the work as done to his satisfaction, made an assessment to cover the sum due therefor under the contract, with incidental expenses. To the assessment he attached a diagram and warrant as required by the statute, and the same were recorded in his office.

The whole amount for which the assessment was made was $2,291.43,…