Swasey

This is an appeal by defendants from the judgment of the court below in a prohibition proceeding therein instituted, prohibiting and restraining the super visors of Shasta County from executing a certain proposed contract with persons known as Pareells-Greenwood Company, for the construction by the latter of an iron fence around the grounds upon which the courthouse of said county is situated, and from taking any further action relative to said contract. All questions as to the propriety of the remedy by prohibition and as to necessary parties defendant having been waived, we will not discuss those questions.

The board of supervisors desiring to have an iron fence constructed around the courthouse grounds, on March 12, 1902, the Pareells-Greenwood Company presented to them plans and specifications of such fence and offered to construct it for $1,735; and at the same time one Masterson also presented to them plans and specifications for the same purpose, and offered to build the fence for $1,487.85. On the same day the board ordered that the contract be awarded to the Pareells-Greenwood Company for the sum stated by them upon their execution of a contract in accordance with their…