Bader v. Sharp

Southerland, Chief Justice:

This is a taxpayer’s suit to enjoin the award by the State Highway Department of a contract for public work. The essential question is whether an alleged variance from the bidding requirements by the successful bidder was so substantial as to require the rejection of its bid.

In July 1954 the State Highway Department advertised for bids for a contract for the construction of the superstructure of the new Walnut Street Bridge in Wilmington. Bids were opened on September 1, 1954. A. S. Wikstrom, Inc., one of the defendants, was the lowest bidder. Wikstrom had failed to…