E. W. Foley Contracting Corp. v. Greene

On July 22, 1919, proposals were received by the state commissioner of highways for the completion of county highway No. 1400, in the county of Seneca. On that morning and prior to one o ’clock, the time for opening bids, the petitioner, through its vice-president, E. W. Foley, deposited in a box provided for that purpose in the highway department offices a proposal or bid for $118,205.50. It is undisputed that at the time of the deposit of this bid Foley had in his possession another prepared bid for $123,357.70 and desired to deposit such second bid but was informed that he could not…