Crummey v. Popp

This is an original proceeding in mandamus to require the respondent superintendent of streets to enter into a contract with petitioner for the performance of certain street improvements in the city of San Jose, and to require the respondent city manager to approve a bond offered by petitioner to secure the payment of labor and materials under such contract. The respondents defend upon the ground that the respondent Clark, as agent of property owners, is entitled to the contract instead of the petitioner.

It would serve no useful purpose to outline the pleadings or the facts of the case. It is…