Curd
Federal Construction Co. v. Curd
Opinion
Lead Opinion
Richards, J.
This is an application for a writ of mandate by which the petitioner seeks to compel J. E. Curd, as superintendent of streets of the city of Porterville, California, to certify to W. L. Graham, as the treasurer of said city, a list of unpaid assessments upon certain street improvement work alleged to have been done therein by the petitioner, and to direct the said treasurer to issue street improvement bonds thereon, representing the amount of said unpaid assessments. The facts giving rise to this proceeding are practically undisputed and may be stated as follows: In the month of July, 1915, the city of Porterville, through its regularly constituted officials, initiated proceedings under the Street Improvement Act of 1911 for the improvement of certain of its streets, and in the course thereof duly entered into fourteen certain contracts in writing with the petitioner or its assignors herein whereby the latter agreed to perform certain street work, therein described, in accordance with certain plans and specifications adopted by the board of trustees of said city. The petitioner alleges, and for the purpose of considering the questions of law raised herein it may be taken to be…