
    Johnson Publishing Company v. S. M. N. Marrs, State Superintendent of Public Instruction.
    (273 S. W., 794).
    No. 4386.
    Decided June 10, 1925.
    School Text Books — Contract—Waiver and Election — Mandamus—Suit Against State — Case Followed.
    This case being governed by the rulings in Laidlaw Bros., Inc., v. Marrs, 114 Texas, 561, mandamus is awarded in accordance with the opinion therein, . which is approved and followed. (P. 575).
    Original application to the Supreme Court, by Johnson Pub. Co., for writ of mandamus against Marrs, as State Superintendent of Public Instruction.
    
      Chas. L. Black, for relator.
    
      Ban Moody, Attorney-General, and Wright Morrow, C. A. Wheeler, and L. C. Sutton, Assistants (W. G. Love, of counsel), for respondent.
   MR. JUSTICE PIERSON

delivered the opinion of the court.

Relator seeks a mandamus against respondent to require him to do and perform the ministerial or statutory duties which it has a legal right to have performed in regard to its contract with the State of Texas for the purchase of certain textbooks, to-wit: Child’s World Readers, by Withers, Browne, and Tate, as follows: “Child’s World Primer,” “Child’s World First Reader,” “Child’s World Second Reader,” “Child’s World Third Reader.”

The facts and the issues in this case are, in all material respects, the same as in the case of Laidlaw Brothers, Incorporated, vs. S. M. N. Marrs, State Superintendent, opinion delivered June 8, 1925 (114 Texas 561), and were given careful attention in the consideration of that case. For the reasons stated in that case, the writ of mandamus is awarded herein.  