Capeon v. Hitchcock

Vakclief, C.

— Action to enforce the lien of an assessment on the lot of defendants in the city of San Diego, for street work, alleged to have been done by plaintiff under a contract awarded to him by the city council and executed on the part of the city by the superintendent of streets. The complaint is in the usual form.

The answer, after denying the alleged contract, averred, and the court found: “ That, at all the times mentioned in plaintiff’s complaint, the city of San Diego was a municipal corporation of the fourth class, organized and existing under an act of the legislature of the…