Mahoney

The defendant is a corporation, organized as such under the laws of this state, for the purpose, among' others, of distributing water for compensation to the residents of the townsite of Larkspur, in Marin county. The plaintiff is a resident of that township, and on the first day of November, 1903, paid to the defendant the amount demanded by it as an advance payment for water to be delivered to him upon his premises during the said month of November, and made demand that it supply him with water thereon. The pipes of the defendant were at that time connected with the pipes upon the plaintiff’s premises, and in a condition to carry water thereto, and the appellant had supplied him with water upon said premises for more than ten years prior thereto, and had at that time a sufficient quantity of water with which to comply with his demand. It refused, however, to deliver any water to him upon his said premises, and he thereupon applied to the superior court of Marin county for a writ of mandate, commanding it to furnish him with a continuous supply of water during said month of November, and thereafter as long as he should comply with its rules and regulations. The defendant demurred…