MacLeod v. Long

CARY, P. J.

Plaintiff filed a petition against the defendants Joseph S. Long as mayor of the city of Riverside and president of the board of public utilities of said city; H. W. Pierson, as auditor of said city, and Harry N. Dunbar, as treasurer of said city praying that the defendant mayor and the defendant auditor be commanded to issue, sign, countersign and deliver to plaintiff two warrants upon the treasury of said city, one directing the treasurer to pay out of the funds of the water department the sum of $4,350.65 as authorized by resolution of the board of public utilities of said city, and the other to pay a like sum out of the funds of the electric light department of said city. The defendants filed both general and special demurrers to the petition and also motions to quash. The motions to quash were granted, the proceedings dismissed, and from the order thus made plaintiff appeals.

The petition in substance alleges that the department of public utilities of the city of Riverside is under the control of the board of public utilities consisting of five commissioners, including the mayor; that the electric light department and the water department of said city are subdepartments of the department of public utilities; that on November 16, 1928, said board of public utilities entered into an agreement with plaintiff employing him to make a complete audit of the books of both the electric light and the water departments; that between November 16, 1928, and February 8, 1929, plaintiff did make such audit and duly performed all the conditions required by said contract; that the total amount due plaintiff by reason thereof was the sum of $23,716.25; that certain progress payments having theretofore been made by said board, plaintiff on February 8, 1929, presented to said board a final audit, together with his claim for services rendered between January 24, 1929, and February 7, 1929, and amounting to $8,701.30, the same being approved by the superintendent of the board of public utilities and by the auditor of the city; that said claim was duly approved by the board of public utilities and said approval indorsed thereon by the then mayor as

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president of said board and ordered paid, fifty per cent out of water department funds and fifty per cent out of electric light department funds, and warrants were ordered drawn; that thereafter defendant Long was, at a recall election, duly elected mayor of said city and thereafter plaintiff demanded of said defendant Long and the auditor of said city that they issue, sign and- countersign these warrants and deliver same to plaintiff, but that each has refused so to do.