Lacoste v. City of New Orleans

Citations

• 119 La. 469
• 44 So. 267
• 1907 La. LEXIS 507

Syllabus

<p>'1. Municipal Corporations — Paving Contracts — Patented Material.</p> <p>The fact that a pavement is patented is >no obstacle to full and fair competition upon a municipal contract for the laying of it, when the patentee has filed with the city authorities an agreement to let the successful competitor ■for the contract have the free use of the patent upon payment of a fixed royalty, thereby placing all prospective competitors upon an equal footing; it appearing that the royalty thus ex,-acted was reasonable, and did not destroy the margin of profit under the contract.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. -vol. 36, Municipal Corporations, § 855.]</p> <p>■2. Same.</p> <p>It is no answer to say that the patentee can underbid his competitors for the contract. 'To him, as to the other bidders, the sole inducement for bidding on the contract is the margin of profit which he sees in it, and for ‘■him, as for all others, this margin of profit 'begins only after the royalty has been paid.</p> <p>(Syllabus by the Court.)</p>