Rapp v. Mountain States Telephone & Telegraph Co.

HALL, Justice:

This appeal comes from the dismissal of an action by John M. Rapp, doing business as Rapp Construction Co. (hereafter plaintiff) against Mountain States Telephone and Telegraph Co. (hereafter defendant) for damages due to breach of a construction agreement, and is accompanied by a cross-appeal of the dismissal of defendant’s counterclaim alleging breach of contract by plaintiff.

Defendant, a Colorado corporation functioning as a public utility in numerous western states, made public announcement on March 2, 1974, that it was soliciting bids on a construction contract for the…