Genilla

This is a proceeding instituted by petition and affidavit in the superior court of Los Angeles county for the purpose of obtaining a writ of mandate directed to appellant James Hanley, as superintendent of streets of the city of Los Angeles, commanding him, as such superintendent, to sign and execute a certain contract for the construction of a sewer in said city, which contract had been duly awarded to petitioner. The proceedings for the doing of said work were duly had and taken under and in accordance with the provisions of an act of the legislature of the state of California, commonly known as the Yrooman act, entitled, “An Act to provide for work upon streets, lanes, alleys, courts, places and sidewalks, and for the construction of sewers within municipalities,” approved March 18, 1885, [Stats. 1885, p. 147], and the several acts amendatory thereof.

The respondent, as the contractor to whom said contract for the construction of a sewer had been awarded, presented to said superintendent of streets a contract duly executed by said contractor, which, it is conceded, was in due form, except in the particulars hereinafter stated, and requested said superintendent to execute the…