Ross

In this proceeding the plaintiff was awarded a peremptory writ of mandate, commanding and compelling the defendants, in their official capacity as members of the board of education of the city and county of San Francisco, to approve his demand upon the common school fund of the school district of said city and county in the sum of $100, which it was alleged was the balance due him for salary under a previously existing contract, whereby the plaintiff was employed by the defendants as storekeeper for said board of education. In the court below the defendants interposed a general demurrer to plaintiff’s petition for a writ of mandate, specifying as ground of demurrer only the insufficiency of the facts stated to warrant the issuance of the writ. Upon the demurrer being overruled, the defendants filed an answer, which in effect admitted that all of the allegations of the plaintiff’s petition were true. The case comes here upon an appeal from the judgment and upon the judgment-roll alone.

The petition for the writ, after alleging the facts necessary to show the legal entity and powers of the defendants as an integral part of the state’s educational system, pleaded the contract…