Koich v. Cvar

The city of East Helena advertised for bids on one unit of fire fighting equipment. Subsequent thereto a bid was accepted and the contract let. Appellant, a taxpayer, averring the city had accepted a bid higher than the lowest responsible one, brought this action to enjoin the city council from proceeding with the execution of the contract. This appeal is from an order of the district court dissolving a temporary restraining order.

Stripped of all irrelevant matter, the appeal presents but one question: Did the city council abuse its discretion in awarding the contract to one other than the…