Nolan v. Reese

By the Court, Shafter, J.:

This is an action to recover a street assessment levied in the City and County of San Francisco. The plaintiff sues as assignee of the original contractor.

First—The defendant offered to prove at the trial that the plaintiff’s assignor “ made a private contract with a part of the owners, but less than a majority of the frontage of the lots liable to be assessed, to do their work at a price less than that allowed by the contract made with the Street Superintendent ; which prevented defendant from securing a protest by the majority of the owners against the work, and…