State, Ex Rel. Horvitz Co. v. Riebe

Keenzi/er, C. J.

This is an original action in mandamus. The relator, a general construction company, filed a petition for writ of mandamus seeking to compel payment of money owed to it by the city of Cleveland .under three contracts, numbered 25,931, 26,631 and 26,455, and held in funds under the control of the respondents, the city’s Director of Finance, Commissioner of Accounts and Treasurer.

In its petition the relator maintains that the city is under a clear legal duty to pay it the money owed and that it had no adequate remedy at law to compel such payment. A motion to dismiss, filed by…