Tri-State Milling Company v. Board of County Commissioners for Pennington County

BANDY, Circuit Judge.

The Board of County Commissioners of Pennington County invited the submission of bids to furnish Ester type 2-4-D containing 1,500 pounds of acid. Five bids were received, ranging from the appellant’s offer to furnish 1,504 pounds of acid equivalent for $1,480.50, to a high bid -of $1,752.00. The offers varied as- to the acid concentration of the liquid to be furnished. The Commissioners accepted the bid of M. L. Warne to furnish 1,503 pounds of acid equivalent in a weaker concentration for $1,503.

The Tri-State Milling Company appealed to the -circuit court under the…