
    STATE of Florida ex rel. CITY OF ARCADIA, a Municipality, Relator, v. Lee O. DANIEL, City Recorder of City of Arcadia, Respondent.
    Supreme Court of Florida.
    Aug. 3, 1936.
    Leitner & Leitner, of Arcadia, for relat- or.
    M. A. Rosin, of Arcadia, for respondent.
   PER CURIAM.

This case is in all respects like the case, which we had under consideration entitled Boykin v. Town of River Junction, 169 So. 492, in which opinion was filed here on the 17th day of July, 1936, and the case of Roach v. City of Tampa et al. (Fla.) 169 So. 627, opinion filed at this term of the court, except that in the River Junction Case there was involved addition to, and betterment of, an electric light plant, and in the City of Tampa Case, supra, there was.involved improvements and addition to a municipal hospital, while in the instant case the improvements and bet-terments involved are to be made to a waterworks system.

In this case alternative writ of mandamus was issued. To the writ motion to quash was interposed and briefs filed by the respective parties.

The legal principles enunciated in the case of Boykin v. Town of River Junction are applicable here and, on authority of the judgments and opinions in those cases, the motion to quash the alternative writ of mandamus is denied and, unless return .be made within five days from the entry of this order, peremptory writ of mandamus will issue.

WHITFIELD, C. J., and TERRELL, BROWN, BUFORD, and DAVIS, JJ., concur.

ELLIS, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State ex rel. City of Vero Beach v. MacConnell (Fla.) 169 So. 628, this day filed.  