Opinion

Decree affirmed. Appellant to pay costs.

Dissenting Opinion by

Since the building which houses the incinerator is included as part of the contract and is specifically designed to house a particular patented system, the invitation for alternative bids is a subterfuge because no bidder could submit a proposal in competition with the patented system. The form of the specification unlawfully limited competitive bidding since the building and the system were in reality one proprietary item.

I dissent.