Heft v. Payne

This is an action to foreclose the lien of a street assessment. Judgment in favor of defendant was entered in the court below on demurrer to the complaint, and plaintiff has appealed.

The work was not completed within the time named in the contract, nor within the time of any extension given; but to avoid the effect of the failure of the contractor to complete the work within such time, it is alleged that in the specifications for the work it was provided that the city (San José) should furnish a steamroller for rolling the rock used in macadamizing the street, and that the’ city, though often…