Fairchild v. Wall

Foote, C.

This action is to obtain a writ of mandamus to compel the defendant to enter into a contract for street-work with the plaintiff, to whom, it is claimed, a contract for street-work had been awarded by the city council of the city of Oakland, to which tribunal such authority is delegated by the charter of that city.

A demurrer was filed to the affidavit, upon which an alternative writ of mandate was issued, which reads thus: “Now comes J. S. Wall, superintendent, etc., defendant, and makes return to the alternative mandamus, and demurs to the affidavit upon which the same was issued…