McQuilkin

This is an appeal from a judgment entered after an order sustaining the demurrer to plaintiff’s amended complaint without further leave to amend.

The facts as set forth in the amended complaint are these: The plaintiff is the exclusive sales agent in California of the General Fireproofing Company, a corporation having its principal place of business at Youngstown, Ohio, and dealing in the manufacture and sale of metal furniture and filing devices. By the terms of his agency the plaintiff is authorized to bid for and enter into contracts for the furnishing of these forms of equipment upon terms which will net to his principal the cost of the production and its profit, to which the agent was entitled to add the cost of dr ay age, erection, sales expenses, and his own commission, in making up the sum of his bid. In the month of April, 1912, the board of regents of the University of California were proposing to equip Agricultural Hall at the University with metal furniture, and to enter into a contract therefor in the manner provided by law. Section 1438 of the Political Code, in defining the powers and duties of the board of regents in such matters, provides as follows: ‘ ‘ The…