State Ex Rel. Mergens v. Babcock

TatloR, C.

The commissioner of highways advertised for bids for constructing a section of trunk highway No. 5 and received several bids therefor. He awarded the work to the relators as the lowest bidders and executed a contract with them which he sent to the commission of administration and finance for approval. That commission disapproved the contract on the ground that one Martin Wunderlich was a lower bidder; and because of such disapproval the commissioner of highways refused to deliver or file the contract. Thereupon the relators procured an alternative writ of mandamus from the district…