Stern v. City of Spokane

Citations

• 60 Wash. 325
• 111 P. 231
• 1910 Wash. LEXIS 1045

Syllabus

<p>Municipal Corporations — Contracts—Bids—Discretion —Declaration op Emergency, Where a city charter provides that if a city council shall “declare an emergency to exist,” competitive bids for the letting of a contract may be dispensed with, the declaration of an emergency is a matter of legislative discretion which cannot be controlled or inquired into by the courts.</p> <p>Same — Rejection op Bids — Award—Discretion. Where a charter provision requires a city council, before letting a contract, to advertise for competitive bids “reserving the right to reject any and all bids,” a discretion is reposed in the council to let the contract to one it considers the “best” bidder; and in the absence of fraud or measurable pecuniary loss to the city showing a manifest abuse of discretion, the courts will not interfere with the rejection of the lowest bid, and an award to a higher bid, on pumping machinery requiring a specified proficiency, a technical and scientific knowledge being necessary to determine between the different manufactures offered.</p>