Boyle

Plaintiff sought a writ of mandate to compel the defendant to allow certain claims alleged to be due for material furnished the city and county of Sa.n Francisco, and used in the improvement of Mission Street, a duly accepted public street in said city. The trial court denied the petition and this appeal, taken upon the judgment-roll, is from that judgment. The findings of fact, together with the allegations of the pleadings, not denied, constitute the record for the purposes of this appeal.

The board of public works of the city and county of San Francisco recommended to the board of supervisors the improvement of the roadway of Mission Street, easterly from Fourth Street, by constructing thereon a certain pavement. The hoard of supervisors, in acting upon this recommendation, carried an item into its budget for the fiscal year 1917-18, for the amount of thirty thousand dollars, for the performance of the work, and thereafter, by proper resolution, specifically set aside and appropriated that amount for the said improvement. The board also thereafter set aside and appropriated to the board of public works the sum of $23,375 out of the urgent necessity fund for the fiscal year…