Dexner v. Houghton

Lees, C.

On February 2, 1922, appellant obtained an alternative writ of mandamus to compel the respondent to issue a permit for the erection of a large apartment house, or show cause why he had not done so. At the hearing, had on February 20, appellant moved for judgment on the pleadings and respondent countered with a motion to quash the alternative writ. Appellant’s motion was denied and respondent’s granted. This appeal is from the judgment quashing the writ. An abridged statement of the facts disclosed by the pleadings follows:

Appellant is the vendee in a contract for the sale of four lots…