Bergin

Action upon a street assessment. The board of supervisors of San Francisco ordered “ that granite curbs be laid on Francisco street between Mason and Taylor streets where not already laid, and that the roadway thereof be paved with basalt blocks where not already so paved,” and a contract therefor awarded to the plaintiffs was on March 1, 1892, entered into between them and the superintendent of streets. The time fixed for the completion of the contract was sixty days from its date. It is alleged in the complaint that the work was completed according to the terms of the contract, within this time, and was accepted by the su *59 perintendent, “ who thereupon, on the twenty-first, day of October, 1895, made and issued an assessment therefor,” and on the same day issued a warrant for its collection. The present action was commenced February 26, 1896. The defendant demurred to the complaint upon the grounds that it does not state facts sufficient to constitute a cause of action, and that it appears upon its face that the supposed cause of action alleged therein is barred by the statute of limitations. The demurrer was sustained and the plaintiffs have appealed.

1. The description of…