Crummey

This is an original proceeding in mandamus to require the respondent superintendent of streets to enter into a contract with petitioner for the performance of certain street improvements in the city of San Jose, and to require the respondent city manager to approve a bond offered by petitioner to secure the payment of labor and materials under such contract. The respondents defend upon the ground that the respondent Clark, as agent of property owners, is entitled to the contract instead of the petitioner.

It would serve no useful purpose to outline the pleadings or the facts of the case. It is sufficient to say that it is conceded that the municipal authorities initiated proceedings for the improvement of a public street under the “Improvement Act of 1911” (Stats. 1911, p. 730; Peering’s Gen. Laws 1923, Act No. 8199), and that all these proceedings were in due form and within time until the respondent Clark, as agent for the property owners, gave notice that they elected to take the contract at the same price at which it had been awarded to the petitioner. The claims of the respective parties arose at this point in the proceedings and the sole question to be determined on this…