Opinion by
Appellant obtained an alternative writ of mandamus to compel the directors оf the school board to execute a written contract with him for the construction of the East End School Building. Appellant demurred to the *583 answer filed by appellees. The сourt below discharged the writ.
Mandamus is not a remedy of absolute right, it is an extraordinary writ, discretionary with the court, and can only be obtained when there is a clear legal right in the relator and a positive duty of the defendant to be performed, and where there is nо other adequate, specific or appropriate remedy; mandamus cаn never be invoked in a doubtful case:
Homan v. Mackey et al.,
Appellant contends, however, that the school board, by its resolution awarding the contract, exhausted its discretion and nothing rеmains to be done but the ministerial act of executing the contract. We cannot possibly construe this resolution as having exhausted all the discretion of the board, since thеre is nothing to show that the board ever acted upon, or finally approved ■by resolution, the form and terms of the contract to be executed by appellant, or that the president and secretary were authorized to execute the contraсt in the manner required by the Code. Neither the ordering of the execution, nor the approval of the written contract can be said to be a ministerial duty; each is a discretionary part of the board’s function. The school board could not by its resolution awarding the contract declare it to be final, thus exercising all its discretion, when the Code еxpressly provides for execution. Until that is done, all acts leading thereto have the status of preliminary negotiations, and the board may rescind or revoke its award. It should be noted in addition that under *585 the terms of the bid, as submitted by appellant, he was not immediately bound by contract upon the making of the award, and if he revoked his bid, he merely forfeited his сheck or bond. 3
The order of the court below discharging the writ is affirmed.
Notes
Section 617 of the Sсhool Code as last amended 1931, May 29, P. L. 243, section 16, provides: “All construction, reconstruction, repairs or work of any nature . . . upon any school building or upon any school property, made by any school district in this Commonwealth, [where the amount exceeds $300 in distriсts other than those of the first class] . . . shall be done under contract or contracts to be entered into by such school districts . . .”
Section 312 as amended 1933, June 1, P. L. 1152, see. 1, provides that “The President shall be the executive officer of the board of school directors, and as such he, together with the secretary, *584 when directed by the board, shall execute any and all deeds, contracts ...”
Section 316 of the School Code, May 18, 1911, P. L. 309, provides in relation to the duties of the secretary that “He shall attest, in writing, the execution of all deeds, contracts, reports, and other instruments that are to be executed by the board.”
The case of
Lansdowne v. Citizen’s Elec. Light & Power Co.,
“The undersigned encloses a certified check in the sum of five (5) рer cent of the amount of the bid tendered, made payable to the order of "W. T. Nоrton, Secretary; the amount of said check to be forfeited by the bidder upon failurе to enter into a contract within five (5) days written notice of the award.
“OR
“The undersigned has properly executed аnd herewith encloses a Surety Company’s Bidders Bond in the sum of five (5) per cent of the amount of the bid tendered, conditioned for the execution of a contract within five (5) days written notice of the award."