Hoffman

This is an appeal from an order denying plaintiff’s application for a preliminary injunction.

Facts

This cause comes to us as one of four appeals respecting which the parties have stated by stipulation in writing filed with this court that “the matters of law and fact are similar in all four cases” and that therefore the four eases may be consolidated for purposes of appeal and for briefs.

Plaintiff’s complaint, filed May 3, 1961, after alleging defendant’s political status and plaintiff’s standing as a county taxpayer, sets forth in essence that defendant school district through its board of trustees did, on January 25, 1961, publish a notice calling for bids for the construction of a school building and in said notice specified the prevailing hourly wage rate pursuant to the Labor Code and particularly section 1773; that “Section 1773.1 further provides that such per diem wages shall be deemed to include the employer payments for health and welfare, pensions, vacation and similar purposes . . that defendants failed to announce the per diem wages including additional benefits referred to in said section 1773.1, but merely announced the hourly wage rates without considering…