Healey

Plaintiffs allege in their complaint that on November 29, 1902, they caused to be delivered to defendant irrigation district a sealed proposal in writing to do certain work for it upon its canal system, and accompanying said proposal, placed in the possession of said defendant irrigation district their check for $6,000, upon the face of which check was written “Not to be cashed unless forfeited”; that said check was certified by said defendant bank and was so delivered under an express agreement between said defendant irrigation district and plaintiff, that “if said proposal were not by said Modesto Irrigation District accepted, said check should be returned to plaintiffs”; that said proposal was never accepted by defendant district nor was it ever in fact forfeited to said district; that “notwithstanding the premises, the defendants Modesto Irrigation District and F. C. Davis, as its President as aforesaid, threatens to collect the amount of said check . . . and will do so unless prevented by the injunction of this Court, to the great and irreparable injury of these plaintiffs. And the said defendant Anglo-Californian Bank . . . and the managers as aforesaid threaten to cash and…