Riley

The petitioner herein applies for a writ of mandate to compel the respondent as state controller to draw his warrant upon the state treasurer for $3,840 in payment of the petitioner’s claim for said sum arising out of the purchase by the state of California, through the California Redwood Park Commission, of a certain tract of land, pursuant to the provisions of an act of the legislature approved May 28, 1917, entitled “An Act providing for the enlargement of the California Redwood Park,” making an appropriation for the purchase of additional land therefor, and granting power to the California Redwood Park Commission to purchase the same. The petitioner avers and the respondent admits that, acting under the authority of said act and in conformity with the terms thereof, the California Redwood Park Commission on August 23, 1920, contracted to purchase from the petitioner herein certain lands for the purchase price of $38,400, payable in certain installments as set forth in said agreement of purchase, payable out of the appropriation provided for such purpose in said act, and that pursuant thereto the petitioner herein conveyed to the state of California said lands. That one of said…