GRIFFIN, J.
Respondents, city of Escondido, the city council, and the mayor thereof, proceeding under the Improvement Act of 1911 (Stats. 1911, chap. 397, p. 730) and Streets and Highways Code, section 5240 et seq., advertised for bids for construction of certain sewer work in that city. The bid proposal stated, among other things, that pursuant to section 5242 of the Streets and Highways Code, said bid should be accompanied by "a certified check payable to the city...
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