State ex rel. Swint, Rennick & Co. v. Sandusky Co.

Citations

• 19 Ohio C.C. Dec. 401

Syllabus

<p>BRIDGES — COUNTIES—MANDAMUS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Mandamus Will Lie to Compel Award op Contract to Lowest Bidder, when.</p> <p>It is not improbable that mandamus will lie to compel county commis'sioners to 'award a contract for a public improvement to the lowest and best bidder, when the statute requires such action on their part, and it appears by undisputed evidence, or concession in pleadings, that one of the bidders is the lowest and best, and that the commissioners are fraudulently colluding for the award of the contract to another bidder.</p> <p>L-tf'or other cases in point, see 2 Cyc. Dig., “Bridges,” §§ 78-92; 3 Cyc. Dig* “Counties,” §§ 364-369, 384-397; 5 Cyc. Dig., “Mandamus,” §§ 293-309 — Ed.]</p> <p>2. Otherwise ip Contract be1 One not Required to be Awarded by Public Bidding, etc.</p> <p>But where the petition fails to disclose that the contract is one which the commissioners are required to award by public bidding, the fact that they did advertise in regular form for bids with a reservation of the right to reject any or all, does not afford ground for compelling them to accept the lowest and best bid, or for complaint because an amendment was. permitted to one of the bids after expiration of the time fixed for their filing, whereby better figures were obtained for the county.</p> <p>[For other cases in point,-see. 3 Cyc. Dig., “Counties,” §§ 391-397; 5 Cyc. Dig., “Mandamus,” §§ 371-383 — Ed.]</p> <p>[Syllabus by the court.]</p>