Dougherty

This is an action to enforce a street assessment for grading a part of Mason Street between California and Sacramento streets, in San Francisco. Judgment went for defendant, and plaintiff appeals.

The court finds that the contract was made on Jan- *163 nary 15,1873; that the work was to be performed within one hundred and fifty days from the making of the contract; and that the work was not performed within that time, or within any time extended for its performance. There were attempts to extend the time years after its expiration; but, as before held by this court, such attempts were futile. The contract was made under the statute of 1871-72; and the case is on all fours with the case of Dougherty v. Coffin, 69 Cal. 454 . There is nothing in the point that the court failed to find on some minor issues; having found against appellant as above stated, the other matters were entirely immaterial. It would make no difference which way they were found.

Judgment and order denying a new trial affirmed.

Sharpstein, J., and Thornton, J., concurred.