State ex rel. Bolen Construction Co. v. Department of Highways

OPINION

By BARNES, J.

At the time of the submission of this case and oral argument it was admitted that the next lowest bidder with whom the contract had been entered into had practically completed the work of construction.

Under this situation in the exercise of sound discretion with which the court is vested it should not issue a mandate to award the contract to the plaintiff.

Counsel for plaintiff recognize that the relator has no vested right but that under the provisions of §12296, GC, the right is given as an added remedy in the mandamus action to recover damages as in a civil action. As a…