Miller v. Imperial Water Co. No. 8

This is an application for a writ of mandate originally made to the district court of appeal for the second district. That court sustained a demurrer to the petition and denied the writ upon the ground that the alleged right sought to he enforced rests wholly upon contract, and that mandamus will not lie to enforce contractual duties. The matter was ordered transferred to this court after decision by the district court of appeal.

As stated in the opinion of the district court of appeal:—

“The petition alleges that respondent is a corporation organized for the purpose of securing a supply of…