Chilli v. McKeesport School District

Opinion by

Mr. Chief Justice Kephart,

Appellant obtained an alternative writ of mandamus to compel the directors of the school board to execute a written contract with him for the construction of the East End School Building. Appellant demurred to the answer filed by appellees. The court below discharged the writ.

Mandamus is not a remedy of absolute right, it is an extraordinary writ, discretionary with the court, and can only be obtained when there is a clear legal right in the relator and a positive duty of the defendant to be performed, and where there is no other adequate, specific or…