Oakland Paving Co. v. Whittell Realty Co.

This is an action to foreclose an assessment for the improvement of a street in Oakland. The only defense interposed is that the work was not completed within the time limited in the contract. The court found that the work had not been completed within such time and therefore held the assessment void. The case was appealed to this court and transferred to the district court of appeal (first district, division one), which reversed the lower court, holding that the curative provisions of section 26 of the “Improvement Act of 1911” (Stats. 1911, p. 730), under which the work was done, validated…