Cooke Contracting Co. v. Department of State Highways

Plaintiff commenced this action in the Court of Claims for certain monies allegedly due it under two highway construction contracts with the state. From an adverse judgment on the merits in that court and a subsequent denial of its motion for rehearing or a new trial, plaintiff appeals.

Plaintiff entered into two contracts with the defendant highway department, both of which included an item calling for the construction of "aggregate base for concrete”. The bid proposals for both contracts, solicited on a unit price basis, contained two alternative items with respect to the aggregate base and…