Hodge & Hammond, Inc. v. Burns

Application pursuant to article 78 of the Civil Practice Act to review and annul a resolution of the respondents dated March 15, 1960 awarding a contract to H. O. Penn Machinery Co., Inc.; and to direct the award to be made to the lowest responsible bidder substantially and materially complying with the specifications contained in the public notice for bids.

The public notice, insofar as pertinent, provided for the receipt of sealed bids on January 27, 1960 for the purchase of new 1960 model equipment as follows: “ One (1) Crawler Type-Full % Cubic Yard Clamshell Bucket Excavator, Bucyrus Erie…