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Peters Garage Inc. v. City of Burlington

Decided: January 17, 1939.

PETERS GARAGE, INC., A CORPORATION, PROSECUTOR.
v.
CITY OF BURLINGTON, A MUNICIPAL CORPORATION, AND JOHN ADAMS AND WILLIAM H. ADAMS, TRADING AS ADAMS BROTHERS, RESPONDENTS; MAYBURRY H. BALLINGER, TRADING AS BALLINGER MOTOR COMPANY, PROSECUTOR, V. CITY OF BURLINGTON, A MUNICIPAL CORPORATION, AND JOHN ADAMS AND WILLIAM H. ADAMS, TRADING AS ADAM BROTHERS, RESPONDENTS



On certiorari.

For the prosecutors, Harry Green.

For the city of Burlington, Thomas D. Begley and C. Zachary Seltzer.

For Adams Brothers, Leonard H. Savadove.

Before Justice Perskie, in chambers, pursuant to statute.

Perskie

PERSKIE, J. Did the city of Burlington, as each prosecutor claims, illegally award the contract for three two-ton trucks to John Adams and William H. Adams, trading as Adams Brothers?

The city of Burlington set out to purchase three two-ton trucks. It invited sealed proposals for said trucks reserving the right to reject any and all bids. The advertisement contained the further requirements that the trucks be "equipped with 12 gauge all steel 5 yard dump bodies and hydraulic hoists, 96" long and 72" wide, said bodies to be not less than thirty inches in height, drop sides with barn door type tail gate;" that each bidder submit with his bid "detailed specifications of the trucks offered" including "an offer or allowance" to the city for "two used Ford trucks and one Chevrolet truck" which it owned; and that the contract for said trucks would be awarded "to the lowest responsible bidder when specifications in the judgment of the Common Council will best supply the type of truck desired."

Pursuant to such advertisement the city received bids but rejected them; no reason for so doing is made to appear. The city again under like proposal advertised for bids. Quite a few bids were received, and although Adams Brothers were not the lowest bidders the city awarded the contract to them. Thereafter the city, however, upon the request of Adams Brothers released the latter from their bid; the reasons being that Adams Brothers were not at the time duly licensed as dealers by the Commissioner of Motor Vehicles of this state; and perhaps the threatened challenge of the award since prosecutors had given notice of an application for a writ of certiorari

to review same. Finally and for the third time the city again, under like proposal, advertised for bids. As a result of this advertisement the following bids were received:

Gross Allow. Net Cost

International Harvester Co., 3

two ton trucks $4,834.32 ...


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