State ex rel. Phelan v. Board of Education
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lae County. The relators appealed from an order refusing then application for an alternative writ of mandamus. The case presented by the petition is stated in the opinion. The relators were entitled to the contract. Sec. 7, ch. 18 of the charter of Fond du Lac (ch. 59, Pr. & L. Laws of 1868); 20 How.
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APPEAL from the Circuit Court for Fond du Lae County. The relators appealed from an order refusing then application for an alternative writ of mandamus. The case presented by the petition is stated in the opinion. The relators were entitled to the contract. Sec. 7, ch. 18 of the charter of Fond du Lac (ch. 59, Pr. & L. Laws of 1868); 20 How. Pr. 206 ; 27 N. Y. 383. The awarding of the contract to any other person would be an illegal act, and the city would not he bound by such contract. Kneeland v. Furlong, 20 Wis. 437 ; Wells r>. Burnham, id. 112 ; Kneeland v. Milwaukee, 18 id. 411; Brady v.…
1Opinion of the CourtPaiwe, J.
This was an application by the relators for a writ of mandamus, to compel the board of education of Pond du Lac to let to them a contract for the building of a school-house in that city. The charter required the work to be let by contract “to the lowest responsible bidder.” And it appears from the petition that the relators were the lowest bidders, and it must perhaps be assumed, on the papers on which the court below acted, that they were responsible bidders.
It also appears from the petition, that the contract was in fact let to other parties, whose bid was higher. It is claimed on behalf of…
2Cases cited2 opinions
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
- People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
3Cited by24 opinions
- Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897
- State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
- Aqua-Tech, Inc. v. Como Lake Protection & Rehabilitation DistrictWisconsin Supreme Court · 1976
- Menzl v. City of MilwaukeeWisconsin Supreme Court · 1966
- Madison v. Harbor BoardCourt of Appeals of Maryland · 1892
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