Automatic Merchandising Corp. v. Nusbaum

This action and appeal involve what is termed alternative bidding — where the advertisement for bids permits or requires the submission of bids on alternative kinds or qualities of work or materials. The bid-letter reserves the right to select one or the other of the work or materials specified, and need not select the cheaper of the two. The option is reserved to select between the alternatives presented.

Was this an alternative bid?

The trial court held that the bid here involved was an alternative bid, and we concur that it was. The bid re quest called for bids on two types of equipment —…