McDonald

This is an application for a writ of mandate, commanding the defendant, who is Superintendent of Streets, Highways and *246 Squares for the City and County of San Francisco, to execute, • in his official character, a contract for the construction of a brick sewer in the northerly and southerly half of the crossing of Yan Ness Avenue and Pine Street, to connect in the center of said crossing with the sewer at present therein, so as to form a full crossing.

It appears from the facts stated in the petition of McDonald, (which are not denied) that on the 29th of December, 1879, the Board of Supervisors of the City and County of San Francisco adopted a resolution of intention to order the street work above designated; and that thereafter such proceedings were had, that a contract for doing the work referred to was on the 2nd of February, 1880, regularly awarded to the petitioner; that he (the petitioner) entered into and signed such contract containing the terms required by law, and did all other things which he was bound to do in the premises, and on the 9th day of February, 1880, he presented the contract so signed by him, with the proper bonds executed by himself and sureties, and…