J. A. & W. A. Hess, Inc. v. Hazle Township

Opinion by

Judge Crumlish, Jr.,

This case involves an action for money damages instituted by Appellant Hess, Inc. against Hazle Township, Luzerne County.

In 1966, Hazle Township advertised for bids for 100 tons, more or less, of No. IB crushed gravel to be applied to the Township streets. Appellant submitted a bid which proposed a unit price of $3.50 per ton of material and a resultant total contract price of $350.00. Upon award, Appellant filed a bond in the amount of $175.00 representing 50% of the contract price.

Appellant alleges, and the evidence tends to establish, that it subsequently…