Rideout

This cause is before us upon the petition of the above-named Phebe M. Rideout seeking a mandatory writ from this court directing the payment to her of the sum of $24,811.14 in cash, by the respondent herein, as treasurer of the county of Tuba.

The petitioner’s cause of action is based upon a certain agreement dated the fourteenth day of May, 1929, entered into between the petitioner as the party of the first part and the board of supervisors of the county of Tuba, as the party of the second part. This agreement is in the words and figures following, to wit:

“Witnesseth: Whereas, under date of February 8, 1923, the parties hereto executed a certain indenture in the words and figures following, to-wit”: (here follows the agreement, Exhibit “A” herein), “which is the instrument of lease and purchase entered into between the petitioner herein and the board of supervisors of the county of Tuba, whereby the petitioner agrees to erect a certain memorial building on the premises described in the instrument, and to lease the same to the county of Tuba for a period of five years and six months, at a rental of $2,500 per month; and also, the payment by the party of the second part of…