Himmelmann v. Woolrich

Citations

• 45 Cal. 249

Syllabus

<p>Complaint on Street Assessment in San Francisco.—An averment in a complaint in an action to recover upon a street assessment in San Francisco, that “ the said Superintendent duly made an assessment to cover the sum due for the work performed and specified in said contract, including the expenses thereof,” is a sufficient averment of the assessment.</p> <p>Idem.—It is not necessary to aver in such complaint that the Board of Supervisors ordered their Cleik to sign the resolution of intention to grade a street.</p> <p>Idem.—It is not necessary in such action to aver that notice of the intention of the Board was given in th'e resolution, nor to give the name of the official newspaper; and it is sufficient to aver that the contract “ was in the form and contained the notices, matters, and conditions prescribed bylaw,” and to aver that the work was completed within the time fixed by the Superintendent.</p> <p>Demand and Beturn.—An agent of an assignee of a street contractor is competent to make the demand of payment of the assessment, and to make return of such demand on the warrant.</p>