Western Drug Supply & Specialty Co. ex rel. Lowenstein v. Board of Administration

The opinion of the court was delivered by

West, J.:

This action involves the one question, the right of the plaintiff to compel the defendant to issue a voucher for the amount claimed to be due. By the agreed statement of facts it appears that, in the fall of 1917, the board contracted in writing with the plaintiff for certain supplies for the state institutions, and the plaintiff made a bond to faithfully perform its obligations. The supplies • were furnished until January 24, 1918, since which time no more have been furnished, for the sole reason that an action was filed against the plaintiff…