53 Ind. App. 1 | Ind. Ct. App. | 1913
— This action was brought by appellant Eigenmann as a taxpayer of Vanderburgh County, Indiana, to enjoin appellees from carrying out certain contracts entered into between appellees Ruston, Hornby and Koch, as the board of county commissioners of Vanderburgh County, and appellee Whitehead, and appellees Grammer & Smith, as contractors for the erection of certain bridges. It appears that in June, 1910, pursuant to advertisement, the_ board of commissioners opened three bids for each of two bridges, known as the Ehrhardt bridge and the Wart-man bridge. Grammer & Smith bid $895 on the Ehrhardt bridge and $1,100 on the Wartman bridge, Whitehead bid $875 on the Ehrhardt bridge, and $1,122 on the Wartman bridge. The A., E. & W. Construction Company bid $817 on the Ehrhardt bridge, and $1,070 on the Wartman bridge.
The theory of the complaint is that the board arbitrarily refused to consider the bid of the A., E. & W. Construction Company, although it was the lowest responsible bidder on each bridge, and had complied with all the requirements of the statute respecting the submission of bids, and that the firm of Grammer & Smith, to whom the board let the contract for the Wartman bridge and was about entering into a contract therefor, had failed to comply with the statute requiring each bidder to accompany his bid with an affidavit of noncollusion with other bidders, that the board was without power or authority to let the contracts as it was preparing to do, and plaintiff asks that it be enjoined from, so doing.
Eigenmann was a stockholder in and a director and vice-president of the A., E. & W. Construction Company, and appeared as its representative in seeking the contract. It probably was not amiss for the board to conclude that the work which the company would do would be similar to that which its representative had done. All of the members of the board testified that all the bids were considered,that none was arbitrarily rejected, and that the bid of the A., E. & W. Construction Company received the same consideration as the others. One member testified, in addition, that the board in considering the bids of this company took into account the kind of bridge to be built, the knowledge the company’s men had in building a bridge, what its men had done before for
“Affiant declares that he has carefully read the provisions of the above and foregoing statement and understands them.
(Signed) Grammer and Smith.
(Address) Evansville, Indiana.
Subscribed and sworn to before me, this 30th day of June, 1910.
Margaret Sihler,
Notary Public.
Commission Expires, September 15, 1911.”
Appellant claims that this affidavit was not signed by any one, that a signature in the firm name is not a sufficient sig- . nature, and that the statute required that Grammer and Smith should each sign and be sworn to the affidavit. Wc believe that it appears from the record that the affidavit was signed by Grammer and by Smith. The notary’s jurat is a certification that the affidavit was signed and sworn to by the persons who purported to sign it and no evidence was introduced to contradict the jurat. This court cannot say that both Grammer and Smith did not sign the affidavit. It is
No error appearing, the judgment is affirmed.
Note. — Reported in 101 N. E. 38. See, also, under (1, 2) 11 Cyc. 482; (3) 11 Cyc. Anno. 481-New. As to liability of county boards for acts involving discretion, see 95 Am. St. 83. As to discretion in choosing between bidders for public contract, see 38 L. R. A. (N. S.) 653. As to the construction of “lowest responsible bidder” or a similar phrase in a statute providing for the letting of municipal contracts, see Ann. Cas. 1913 A. 500.