United States Wood Preserving Co. v. Sundmaker
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court oí the United States for tlie Southern District of Ohio. Bill by the United States Wood Preserving’ Company against John II. Sundmaker, Director of Public Service of the City of Cincinnati, Ohio, and others. The bill having been dismissed on demurrer, complainant appeals.
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Appeal from the Circuit Court oí the United States for tlie Southern District of Ohio. Bill by the United States Wood Preserving’ Company against John II. Sundmaker, Director of Public Service of the City of Cincinnati, Ohio, and others. The bill having been dismissed on demurrer, complainant appeals. The complainant, an unsuccessful bidder for a public contract, filed a bill to enjoin the performance of and annul the contract awarded to a competitor, and to compel the acceptance of its bid and the execution of a contract with it. Demurrers to the substance of the bill, for want of equity,…
1Opinion of the CourtSater, District Judge
(after stating the facts as above). [1] Under the facts stated, may a court review the director’s action in rejecting complainant’s bid and in awarding a contract to and entering into a contract with Henkel & Bro. and enjoin the performance of and annul the contract thus made, and compel an award to and the making of a contract with the complainant ?
The question presented is one of local law, and must be decided with reference to the well-pleaded facts, the statute involved, and the construction, if any, given to it by the state’s highest tribunal. If the bidder has an enforceable right, this…
2Cases cited12 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Commonwealth ex rel. Snyder v. MitchellSupreme Court of Pennsylvania · 1876
- Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897
- King v. GallunSupreme Court of the United States · 1883
- Anderson v. Public SchoolsSupreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Owen of Georgia, Inc., Cross-Appellant v. Shelby County Roy Nixon, Mayor of Shelby County Pidgeon-Thomas Iron Company, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1981
- Bancamerica-Blair Corp. v. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1936
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- Simon v. TaylorDistrict Court, D. New Mexico · 2017
- Holt & Co. v. Wheeler CountyCourt of Appeals of Texas · 1921
9 more not listed; retrieve them via the Exa API.