157 A. 466 | Pa. | 1931
This is a taxpayer's bill to enjoin the defendant City of Philadelphia and its officers, etc., from carrying out a contract for the installation of a system of fire alarm boxes. The case was heard upon bill, answer and testimony; therefrom the trial court found the facts favorable to the defendants and, from its final decree dismissing the bill of the plaintiff, Minnie Brener, she brought this appeal.
The record discloses no reversible error. In 1930 the defendant city duly advertised for bids for the fire *185
alarm boxes and in great detail set out the required specifications, being in all essential particulars a description of the Gamewell fire alarm box. This included two patents. As a result, the only bid submitted was that of the Gamewell Fire Alarm Company of $140 a box. The thing being under patents, the safety director might have accepted this bid (Silsby Mfg. Co. v. Allentown,
The Eagle Company's bid, however, allowed for the old boxes about $3,000 more than that of the Horni Company, prima facie constituting a saving of that amount to the city. Hence, plaintiff contends that the contract should have been awarded to the former. This matter was fully and carefully considered by the safety department and tests were made of the boxes of the rival companies and the conclusion reached that the box of the Horni Company more fully met the city's requirements and, as the trial court found on sufficient evidence, was a better and safer box than the other. Hence, it concluded that, "The Eagle Company was not the lowest responsible bidder because while lower in price its machine was not so suitable for the needs *186
of the city." The city, having made a full and careful investigation, might, for sufficient cause and in the exercise of a sound discretion, accept as the lowest bid one not the lowest in dollars. It could not, however, do so capriciously without full and honest investigation: Wilson et al. v. New Castle City et al.,
Appellant suggests that the published request for alternative bids was not such as to afford the bidders a common standard. This suggestion is not without force and might be fatal if the thing was a schoolhouse, or sewer pipe, or something capable of standardization, but it was not. The director's position was embarrassing. He was anxious to save the city's money and yet he could not describe a fire alarm box in detail without using one already in existence, which might prevent competition, or by the invention of a new one, which, of course, he was not required to do. He adopted what appears to be the best method by calling for what the city desired in general terms and permitting the manufacturers to submit bids and samples. Under certain circumstances each bidder may be permitted to write his own specifications. See Mazet v. Pittsburgh,
It is complained that some of the features of the Horni box do not meet the specifications, like painting of the surface, the location of the lightning arrester, etc. These are minor matters, however, and not sufficient to upset the contract.
After the trial court had submitted its findings and conclusions, plaintiff asked the court to reopen the case and permit her to submit evidence relating to the patents on certain features of the fire alarm boxes. *188
This was a matter largely in the trial court's discretion (Clark v. Edwards,
The chancellors made sixteen separate findings of fact, four numbered conclusions of law and the discussion covers five printed pages; which findings, conclusions and discussion embrace every important feature of the case. The chancellors did not separately answer each request of plaintiff for findings and conclusions, nor were they required to do so. See Equity Rule 67; Beistel et al. v. Westmoreland Motor Car Co.,
It clearly appears that the director was acting in entire good faith and for the best interests of the city. The decree is affirmed and the appeal is dismissed at the cost of appellant.