78 Iowa 97 | Iowa | 1889
The executive council of Iowa advertised, as required by section 4 of chapter 60, Acts, Eighteenth General Assembly, for proposals for printing,
“Des Moines, Iowa, May 31,1888.
“To the Executive Council, State of Iowa,:'
“The undersigned hereby propose to print and publish the Iowa Supreme Court Reports for the term of eight years, in accordance with the terms provided in chapter 60, Laws of 1880, at the price to the citizens of Iowa of one dollar and thirty-four cents per volume.
“Mills Publishing Co.”
The proposal of Stephens was filed May 31, 1888, at 11:55 o’clock a. m.; that of Banks & Bros, was filed 'five minutes later; and that of plaintiff at 12:42 o’clock, p. m. Each bidder deposited one thousand dollars with the state treasurer at the time of making the proposal, and a receipt for that amount accompanied each bid. In the afternoon of the same day the executive council considered the several proposals, and took action as follows : -“ Moved and' carried that the contract be awarded to the
I. It is insisted by appellees that this is in effect an action against the state, and that for that reason it cannot be maintained. It is contended by appellant that the action of the executive council in awarding to it the contract had the effect to make a valid agreement which it can enforce ; that by that action the executive council exhausted its power to contract, and hence that the