Skidmore v. Dambacher

THOMPSON, J.

Upon rehearing of this proceeding a stipulation of facts was filed, which was theretofore inadvertently omitted from the record. By consent a second stipulation of facts was also filed upon rehearing. The agreed facts which are conceded by these stipulations necessarily change the former determination of this court, which was based chiefly on the lack of proof that the county of Tuolumne possessed the funds with which to satisfy the claim of the petitioner.

This is a petition for a writ of

mandamus

to compel the Auditor of Tuolumne County to audit a claim and issue his warrant therefor in payment of services which were performed pursuant to two written contracts with the board of supervisors of that county.

The petitioner alleges that on December 7, 1931, he entered into an agreement with the county of Tuolumne upon the terms and conditions expressed in a resolution which was duly passed by the board of supervisors as follows:

“Be It Resolved, that C. E. Skidmore be and he is hereby authorized to check the tax records of Tuolumne County, California, of property on which the taxes were first delinquent for the fiscal year 1925-1926 or are delinquent for prior years, which do not show redemption, cancellation, or sale by the state, on deeds or certificates of sale; said party shall also submit reports covering all such delinquencies, together with recommendation as to further disposition of the same and shall submit lists upon which requests for authorization from the State Controller may be made to advertise and sell as provided for by Section 3897 of the Political Code of the State of California.

“Said County of Tuolumne will pay said C. E. Skidmore for such services an amount equal to fifty per cent (50%) of the County of Tuolumne’s portion of all moneys received by the said County of Tuolumne from and after this date for redemption or sale of said property above referred to, payments thereof to be made at the regular monthly meeting of the board for the allowance of claims, upon the

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statement of the County Auditor showing the amount paid in on redemptions and sales of property covered by this contract, subsequent to the last payment thereon; the final payment thereof to be made to said C. E. Skidmore when he has furnished an affidavit setting forth that he has cheeked, or caused to be checked, the records of the United States Land'Office, the State Surveyor’s office, the State Controller’s Office, County Auditor’s office and County Recorder’s office of the County of Tuolumne to the extent necessary for a complete performance of the things required to be done and performed by him under this resolution, and has also submitted to the Board of Supervisors of Tuolumne County his report and recommendations as hereinabove provided.