Russell-Vail Engineering Co. v. Kirby

BUCKLES, J.

This is an application for a writ of mandate against the county treasurer of Merced County, to compel him to pay a warrant to plaintiffs for work, etc., done under a contract with the board of supervisors, amounting to the sum of $1687.50.

The case comes up on the judgment-roll, and the facts appear to be as follows:—

On June 6, 1903, petitioners entered into a contract with the board of supervisors to install a heating plant in the county hospital, then in course of erection, for the sum nC

[708]

$2,250, to be paid as follows: On July 31st, seventy-five per cent of the cost of all labor and material then furnished. Other payments were to follow in like manner.

On August 15th petitioners entered into another contract with said board to install in said building a ventilating plant for which petitioners were to receive $3,988. On September 17, 1903, petitioners presented a demand against Merced County in due form and duly verified, which claim or demand is as follows:—

“Demand of Russell-Vail Engineering Co. on the treasury of the county of Merced, state of California, for the sum of two thousand dollars, being for part payment for heating system. °

“Sept. 17, 1903. Part payment on heating system, Co. Hospital, $2000.00.”

This claim was allowed September 21, 1903, the county warrant issued and presented to the county treasurer for payment on September 24th, and indorsed “not paid for want of funds.” On December 11, 1903, it was again presented and was paid.

On November 5, 1903, the demand which is the subject of this action was presented to the said board, and is as follows :—

“Demand of Russell-Vail Engineering Co. on the treasury of the county of Merced, state of California, for the sum of sixteen hundred and eighty-seven and 50-100 dollars, being for heating plant contract at county hospital.