Worthington v. Breed

COOPER, C.

Plaintiff filed his verified petition for a writ of mandate, alleging that he had performed services in re-planking the city wharves of the city of Oakland in pursuance of a contract duly made by the city authorities, by the terms of which he was to receive the sum of $3,799.99 for the said work. His claim was duly approved, and a resolution was adopted by the board of public works of said city, allowing the amount against the general fund of the city. Defendant Breed refused to draw a warrant upon the defendant treasurer for the amount.

Defendants filed their answer to the petition,…