Lucas v. City of San Francisco

By the Court,

Rhodes, J.

This action was brought by the plaintiffs as the assignees of one Wetmore, to recover a cértain sum of money for improving Powell street in San Francisco, which it is alleged was performed by Wetmore under a contract made between him and the city. The cause was formerly appealed by the plaintiffs, and this Court reversed the judgment for the defend*592ant, and remanded the cause for further proceedings. (See 7 Cal. 483.) After the return of the cause to the Court below, it was referred to a referee to try all the issues, whether of law or of fact, and report a judgment; and…