
    D. C. HEATH & CO. v. S. M. N. MARRS, State Superintendent of Public Instruction.
    (No. 4385.)
    (Supreme Court of Texas.
    June 10, 1925.)
    Batts & Brooks, of Austin, for relator.
    Dan Moody, Atty. Gen., and Wright Morrow, C. A. Wheeler, and L. C. Sutton, Asst. Attys. Gen. (W: G. Love, of Houston, of counsel), for respondent.
   PIERSON, J.

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 text-books, to wit, “Webster’s Early European History,” and “Webster’s Modern European History.”

The facts and the issues in this case are, in all material respects, the Same as in the case of Laidlaw Bros., Inc., v. S. M. N. Marrs, State Superintendent, 273 S. W. 789, opinion delivered June 8, 1925, and were given careful attention in the consideration of that case. Por-the reasons stated in that case, the writ of mandamus is awarded herein.  