State ex rel. State Publishing Co. v. Smith
State ex rel. State Publishing Co. v. Smith
Opinion of the Court
— This is an application for a writ of mandamus. From the affidavit of the relator it appears that on the 15th day of November, 1897, the Secretary of State, in compliance with a resolution of the defendant board, advertised for proposals for furnishing certain supplies for the state officers. In pursuance of such advertisement, the relator made and submitted a bid for furnishing the supplies in question. It is alleged that the Independent Publishing Company also bid for the furnishing of such supplies. In the advertisement for bids, the supplies wanted by the board are all described in detail. The bid of the Independent Publishing Company is for the very supplies specifically described in the advertisement. The bid of the relator does not with exact particularity name the same supplies described in the advertisement for bids. This discrepancy, it is shown, caused some confusion when the board came to pass upon the bids. It is also shown by the affidavit that additional supplies, like those advertised for, were to be furnished from time to time in such quantities as might be required by the board during the fiscal year, at the.prices named in the accepted bid or proposal.
The Independent Publishing Company’s bid for the supplies named in the advertisement amounted to §735.30. The relator contends that its bid for furnishing the supplies in question was in fact §715.42, being §19.88 less than the Independent Publishing Company’s bid. Yet it is shown by the affidavit of the relator herein that the clerk of the defendant board was required to prepare a comparative statement of the two bids mentioned above, and that, according to such statement, the relator’s bid was §727.36. The board awarded the contract for furnishing the supplies to the Independent Publishing Company, and relator instituted this proceeding for a writ of mandate to require the board to reassemble and award such contract to it, claiming to be the lowest responsible bidder therefor, and to revoke the award of the contract to the successful bidder.
The responsibility of both bidders is admitted. The question for decision before the board was, which is the lower bid %
Reference
- Full Case Name
- THE STATE OF MONTANA ex rel. STATE PUBLISHING CO., Relator v. ROBERT B. SMITH AND OTHERS CONSTITUTING THE STATE FURNISHING BOARD OF THE STATE OF MONTANA
- Status
- Published