Western Shore Lumber Co. v. Riley

[145]

RICHARDS, J.,

pro tem.

The petitioner herein applies for a writ of mandate to compel the respondent as state controller to draw his warrant upon the state treasurer for $3,840 in payment of the petitioner’s claim for said sum arising out of the purchase by the state of California, through the California Redwood Park Commission, of a certain tract of land, pursuant to the provisions of an act of the legislature approved May 28, 1917, entitled “An Act providing for the enlargement of the California Redwood Park,” making an appropriation for the purchase of additional land therefor, and granting power to the California Redwood Park Commission to purchase the same. The petitioner avers and the respondent admits that, acting under the authority of said act and in conformity with the terms thereof, the California Redwood Park Commission on August 23, 1920, contracted to purchase from the petitioner herein certain lands for the purchase price of $38,400, payable in certain installments as set forth in said agreement of purchase, payable out of the appropriation provided for such purpose in said act, and that pursuant thereto the petitioner herein conveyed to the state of California said lands. That one of said installments, amounting to the sum of $3,840, became due and payable on July 1, 1923, whereupon the petitioner duly presented its demand in writing to the respondent herein as state controller that he issue and deliver to petitioner the warrant for said sum of $3,840, drawn upon the state treasurer in payment of said installment upon the purchase price of said property pursuant to said contract of purchase and to the terms of the said act of 1917, but that the respondent as such state controller has neglected and refused to issue said warrant for said sum or any portion thereof and the same remains and is still due, payable, and unpaid, notwithstanding the fact that there has been and still is in the state treasury an unexhausted portion of said appropriation amply sufficient to meet the payment of said sum had such warrant been drawn. The answer of the respondent, while admitting the facts regarding the adoption of said act of the legislature and the making of said agreement for the purchase of said lands pursuant thereto and the conveyance thereof to the state of California by the petitioner and of the due presentation of the claim and demand of the petitioner for issuance of said warrant for the installment due and payable on