Middleton v. City of Emporia

Citations

• 106 Kan. 107
• 186 P. 981
• 1920 Kan. LEXIS 464

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Method of Letting Contracts for Public Improvements. In the absence of a statutory provision as to the method of letting contracts, a city of the second class may contract for the work through a public letting after an advertisement of the same. The authority to the city to have the work done carries with it the discretion to contract for the work in any practicable method that will safeguard the public interests.</p> <p>2. Same — Public Improvements — Advertisement for Bids — Bid Accepted by City Constitutes a Contract. Where the city advertised for proposals from bidders for the work according to full and definite plans and specifications furnished to bidders, and a proposal made by a bidder was formally accepted by the mayor and commissioners of the city, the acceptance of the bid concludes a binding contract, notwithstanding the fact that it was stipulated that the contract so made should subsequently be reduced to writing.</p> <p>3. Same — Defaulting Bidder — Cannot Recover His Deposit Accompanying ' His Bid. A deposit which accompanied the bid as a guaranty of the good faith of the bidder and that he would enter into a formal contract and give a specified bond for the faithful performance of the work contracted for, cannot be recovered back by a bidder who fails to comply with the requirements of the agreement resulting from the accepted proposal.</p> <p>4. Same — Forfeiture of Deposit Money — Damages. After the bidder had notified the city that he was unable to give the bond provided for and carry out the contract, it was competent for the city authorities to declare the deposit forfeited to the city and apply the same to the actual damages sustained by the city through the failure of the bidder to perform his agreement.</p> <p>5. Same — Defaulting Bidder Liable to City for Actual Damages. The forfeiture and application of the deposit did . not relieve the bidder from liability to the city for the a