129 Iowa 332 | Iowa | 1906
We shall not attempt to set forth the issues in detail. It will be sufficient to state the facts. October 14, 1903, the school district advertised for bids for the erection of a schoolhouse, and in the notice made requirement for a certified cheek for $500 to accompany each bid. Nothing was said in the notice as to the purpose of such requirement. The notice'closes thus: “It is the intention of the board to award the contract to' the lowest responsible bidder, and to require the successful bidder to give bonds, etc., but the board reserves the right to reject any and all bids.” Said R. H. Fisher forwarded a bid on the work, and accompanied the same with a certified check for the sum of $500 made payable to.the president of the board. At a meeting of the hoard thereafter held for that
Upon reaching the ground, Fisher met the members of the board informally, and told them that he had made a mistake in his bid of $1,533, and explained that the same occurred in footing up the figures. Thereupon the board members stated that they desired to change the specifications by adding different and, more expensive material, to the additional value, of $600. Fisher then stated that the amount of his bid as filed — being $15,131 — with the sum omitted by error, as claimed by him, and the value of the materials to correspond to the change requested, would-make a total sum of $17,400, and expressed his willingness to build the building for that sum. It appears that such aggregate sum was $100 less than the next lowest bidder, and $325 less than the third lowest bidder. Without a further word being said, as far as shown by the record, the members of the board withdrew and held a meeting, Fisher not being present. In such meeting, as shown by the minutes of the secretary, it was declared that Fisher had refused to go into a contract on the basis of the bid as made by him, and on motion the $i500 deposited by him was declared forfeited to the district. The board then proceeded to award the contract for the building to a contracting firm who had made no bid on the work; the contract price being the sum of $17,900. The record does not disclose any further conversation or communication between the board or its members and Fisher.
So, too, it is plain that the telegram cannot be given the effect of an acceptance of the bid of Fisher, and so give rise to contract relations as contended for by appellants. It served no further purpose than the words thereof import, to -advise Fisher that his bid was lowest, and that, further consideration of arrangement awaited his appearance in response to the invitation to come. Not only must there be an acceptance, but it must be unqualified. It has frequently been held that a message similar in wording to the one in question is not sufficient. Leshie v. Haseltine, 155 Pa. 98 (25 Atl. Rep. 886); Erving v. Mayor, 131 N. Y. 133 (29 N. E. Rep. 1101); Kirwan v. Byrne, (Com. Pl.) 29 N. Y. Supp. 287; Havens v. Insurance Co., 11 Ind. App. 315 (39 N. E. Rep. 40).
In any view the judgment of the trial court was correct, and it is affirmed.