68 N.Y.S. 345 | N.Y. Sup. Ct. | 1900
The commissioner of street cleaning advertised for bids for removing snow and ice during the coming season, in the borough of Manhattan, and, in response to such advertisement, received a number of proposals for doing the work. The lowest one was that of Kelly & DeMarco, who offered to do the work at thirty-six cents per cubic yard. The next lowest bid was that of T. W. Clamp & Co., the relators herein, the price bid by them being thirty-eight cents per cubic yard. The commissioner declared Kelly & DeMarco to be the lowest bidders, and awarded the contract to them, and his action was duly approved by the board of estimate and apportionment. Thereafter the bid of Kelly & DeMarco was sent to the comptroller for an examination of the sureties offered by them; and, thereupon, this proceeding was instituted by Clamp & Co., who claim that, for certain reasons, the court should grant a peremptory writ directing that the bid of
Application denied, with costs.