Hare v. Parkersburg
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case: The city of Parkersburg by its mayor and council on July 12, 1881, awarded to Martin liare a contract for furnishing good, coarse screened gravel for the city, he being the lowest bidder for one thousand yards with the privilege of more at the same price, fifty-nine cents per cubic yard, the said gravel to be delivered from time to time, as might be called for by the committee on streets and alleys, but a good and…
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Green, Judge, furnishes the following statement of the case: The city of Parkersburg by its mayor and council on July 12, 1881, awarded to Martin liare a contract for furnishing good, coarse screened gravel for the city, he being the lowest bidder for one thousand yards with the privilege of more at the same price, fifty-nine cents per cubic yard, the said gravel to be delivered from time to time, as might be called for by the committee on streets and alleys, but a good and sufficient bond for the faithful performance of the contract was required to be given by him. The terms of this contract…
1Opinion of the Court
Green, Judge:
There can be no question, that on the contract above stated the city of Parkersburg had a right to require of the plaintiff below, Martin Hare, to give a bond with good security for the faithful performance of his contract. Had this been *558done, and he had been unable and for this reason or for any other he had refused to give the required bond, the city-council would have had a right to do what they did, rescind the contract and enter into a contract for the same work with another; and the plaintiff below would have had no cause of action. But it-would seem to be equally clear,…
2Cited by13 opinions
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- Beatty Lumber Co. v. Western Union Telegraph Co.West Virginia Supreme Court · 1903
- Barrett v. Raleigh Coal & Coke Co.West Virginia Supreme Court · 1904
- State ex rel. Mundy v. AndrewsWest Virginia Supreme Court · 1894
- Hysell v. Steeling Coal & Manufacturing Co.West Virginia Supreme Court · 1899
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