Meadows

This is a petition for a writ of mandate to be directed to respondent, requiring him in his official capacity as superintendent of streets of the city of Hermosa Beach to pass upon the sufficiency and form of certain bonds ■ tendered to him by the petitioner herein, and also requiring said respondent to execute a certain contract for the improvement and repair of portions of a designated pier and boat landing located within the said city of Hermosa Beach.

In ordinary circumstances, it is unquestioned that the official duty of the respondent would require the performance by him of each of the things included within the demands of the petitioner herein. But in the particular circumstances surrounding the transaction which is the basis of this controversy, it is the contention of respondent that the city of Hermosa Beach was without authority or jurisdiction to order the contemplated work or to execute the contract for its performance, and for that reason it became and is no part of the duty of respondent as such official to comply with said demands of petitioner.

By the record herein it stands as admitted facts that the city of Hermosa Beach is the owner of the Hermosa Beach pier,…