Johnston

A general demurrer to the complaint was sustained, and, plaintiff declining to amend, judgment passed for defendants from which plaintiff appeals.

The complaint shows that early in the year 1900 the supervisors of the adjoining counties of Sacramento and Yolo entered into a written contract to jointly construct, equip, maintain, and operate a free public ferry across the Sacramento River between the two counties, each county to bear one half the expense of its construction and equipment, and thereafter Sacramento County to pay two thirds of the cost of its maintenance, operation, and repair, and Yolo County one third thereof; that in pursuance of said contract the supervisors of Sacramento County advertised for bids for such work, and fixed a time when the contract therefor would be awarded by virtue of the following resolution:—

Pursuant to said resolution the board advertised for bids. It was further alleged that the supervisors of Sacramento County have incurred expense in the matter of the proposed construction of the ferry, and unless restrained will proceed with its construction and maintenance and defray the cost thereof out of the county funds. That the cost of the…