Covington v. Basich Bros. Const. Co.

DE CONCINI, Justice.

Pursuant to an advertisement for bids for road construction on the Ashfork Flagstaff Highway by the Arizona State Highway Commission in 1949, Basich Brothers,, plaintiffs-appellees, submitted their bid in the manner and form provided by the commission. Accompanying the bid was plaintiffs’ certified check for $30,000 payable to the Treasurer of the state of Arizona, their “proposal guarantee,” i. e., as a “guarantee that plaintiff would, if awarded the contract, post a performance bond and formally execute said contract.” Plaintiffs were low bidder by $44,000. One Mitchell,…