McVerry v. Boyd

Citations

• 89 Cal. 304
• 26 P. 885
• 1891 Cal. LEXIS 814

Syllabus

<p>Street Improvement — Performance of Contract — Extension of Time. — Under the act of 1872 (Stats. 1872, p. 807), an extension of time for the performance of a contract for a street improvement in the city and county of San Francisco must he granted within the life of the contract, in order to be valid.</p> <p>Id. — Indorsement of Extension — Record — Neglect of Street Superintendent. — The failure of the superintendent of streets to indorse npon the original contract an extension of time properly granted to the contractors by the hoard of supervisors, or to cause the resolution of extension to be recorded until after the period fixed by the contract, does not render the extension ineffectual.</p> <p>Id. — Contract — Power of Attorney — Defense to Assessment. — After a contract for street improvement has been completed and the work accepted, a property owner cannot, in an action to foreclose the assessment lien, question the sufficiency of a power of attorney given by one person to another to enter into the contract with the superintendent of streets.</p> <p>Id. — Regrading of Street — Power of Supervisors. — Whenever the condition of a street is such as, in the estimation of the board of supervisors, it is proper that the burden of regrading the same should be borne by the entire block, the board has authority to order the improvement, even though a similar expense has previously been borne by the property owners for the original grading.</p> <p>Id. — Street-railroad — Apportionment of Expense — Burden of Proof. — The mere fact that a portion of the street improved was occupied by a railroad company, whose duty it was to improve, or bear the expense of improving, a part of the street, does not impair the prima facie correctness of the assessment, and the burden is on a property owner who contests the validity of the assessment to show, in order to invalidate the assessment, that the expense of improving the portion of the street occupied by the railroad was inclu