People ex rel. Lord Constr. Co. v. Stevens
New York Supreme Court
Application on order to show cause for a peremptory writ of mandamus to compel Frederick C. Stevens, Superintendent of Public Works, to consider the bid of the relator to perform certain work on the canals of the State, and award the contract therefor to the relator. The Superintendent of Public Works duly advertised for proposals under certain terms and-conditions, for the improvement of the Erie, Oswego and Champlain canals.
Read the full summary
Application on order to show cause for a peremptory writ of mandamus to compel Frederick C. Stevens, Superintendent of Public Works, to consider the bid of the relator to perform certain work on the canals of the State, and award the contract therefor to the relator. The Superintendent of Public Works duly advertised for proposals under certain terms and-conditions, for the improvement of the Erie, Oswego and Champlain canals. The relator and the defendant D’Olier Engineering Company submitted -proposals therefor within the time limited, which proposals were submitted upon forms prepared by…
1Opinion of the CourtLeBoeuf, J.
Upon the argument of the motion for a peremptory writ of mandamus, stress was laid by counsel upon the claim that the check objected to by the Superintendent of Public Works substantially conformed to the conditions upon which bids were to be received. Equal stress was laid upon the provisions of the Constitution as giving the relator a constitutional right to the contract as being the lowest bidder.
If the sole question before me was whether or not the check substantially conformed to the requirements, I should be of the same mind as I was upon the argument of this motion, and hold that it…
2Cases cited6 opinions
- People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
- People Ex Rel. Empire City Trotting Club v. State Racing CommissionNew York Court of Appeals · 1907
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
- People ex rel. Yates v. Canal BoardNew York Supreme Court · 1852
- People ex rel. Vickerman v. Contracting BoardNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Truax v. BurrowsNebraska Supreme Court · 1939