Sweeney

Mandate. It appears from the petition that, on March 29,1915, defendant entered into a written contract with plaintiff’s testate, by which he agreed to furnish the materials and erect for defendant a school building for the agreed price of $35,725; that before entering upon the performance of said work the said Hayes filed with defendant a good and sufficient bond in a sum not less than one-half the total amount payable by the terms of said contract, which said bond was duly executed, filed, and approved according to the requirements of the act approved May 1, 1911 [Stats. 1911, p. 1422], entitled “An act to amend an act entitled ‘An act to secure the payment of the claims of materialmen, mechanics, or laborers, employed by contractors upon state, municipal or other public work, ’ ” approved March 27, 1897, “and was given for the purpose of securing the payment of such claims”; that the said Hayes duly performed all the conditions of said contract and completed said building on or about February 12, 1916, and said building was duly accepted by defendant and used thereafter as a public school building; that the whole sum of $35,725 is long past due and there remains unpaid thereon…