Libbey v. Elsworth

The action is upon a street assessment. The court below sustained a demurrer to the complaint, and thereupon rendered judgment in favor of defendants. The plaintiff appeals.

We think the demurrer was properly sustained. It appears from the complaint that the contract which is *317the basis of the assessment sought to be enforced was not entered into between the assignor of plaintiff and the superintendent of streets within fifteen days after the first posting of the notice of its award to plaintiff’s assignor, the plaintiff alleging that posting of such notice was first made on September 22, 1890,…