John E. Ballenger Const. Co. v. State Board of Adjustment

FOSTER, Justice.

Appellant filed a petition in the circuit court for mandamus against the members of the State Board of Adjustment, in which it sought to require the board to hear and consider a claim which it asserted for damages, which are alleged to have resulted from a refusal on the part of the State Highway Department to perform its contract for paving in a way and manner in which it had the right under its contract with that state agency. The contract with the state stipulated that the decision of the State Highway Commission upon any question connected wth the execution of the contract…