Cope

By this action the petitioner sought a writ of mandate against the defendant, as auditor of the county of Sutter, commanding and directing the defendant to issue a warrant upon the treasurer of said county in favor of the petitioner, based upon a claim previously allowed by the board of supervisors of said county.

It appears from the transcript that the petitioner, a construction engineer, and the board of supervisors of the county of Sutter, on or about the fifth day of December, 1922, entered into a certain written contract for the preparation and submission by the petitioner to said board of supervisors of plans and specifications for the construction of a certain bridge mentioned in said contract, and further providing that the plaintiff should superintend the con struetion thereof. This contract is in the following words and. figures:

After the execution of this agreement it appears that the petitioner prepared plans and specifications for the construction of a reinforced concrete bridge according to the terms of said agreement, and, also, filed with said board of supervisors supplementary plans and specifications. These plans and specifications have not been rejected, nor…