McMurtry v. City of Raton

COMPTON, Justice.

This is the second time this case had reached us on appeal. McMurtry v. City of Raton, 64 N.M. 117, 325 P.2d 707. We restate the facts upon which the action is based:

“During the month of February, 1956, the City of Raton, by its council, determined to construct a swimming pool to replace its former one which had been condemned for public use by the New Mexico Department of Public Health. An engineer was employed to design and prepare specifications for the proposed pool. Appellee was the successful bidder and given a contract providing that he should commence work on written…