108 N.Y.S. 120 | N.Y. App. Div. | 1908
The facts in this case are substantially as follows: The defendant’s charter (Laws of 1899, chap. 128, § 33) provides: “Whenever any expenditures- to, be made or incurred by the common council .or city board dr any city officer in behalf of the city for work to be done,, or materials or supplies- to be furnished, except ordinary repairing and macadamizing of' streets, shall exceed -two hundred dollars, the city clerk shall advertise for and receive proposals therefor, in such manner, as the common council, or -as the board or officer charged with making such contract shall prescribe, and the contract therefor shall be let to the lowest responsible bidder, who shall execute a bond to-said city with one or more sureties, being freeholders, for the faithful performance of the contract,” etc. The
The plaintiff was the lowest bidder, and at the time of filing his proposal he was solvent, and by experience was qualified to do the work. There was a failure on his part to comply with the require ment to verify his proposal, nó signature being attached to the affidavit, although the notary attached his signature and office thereto, which the plaintiff contends under the decision of McCord v. Lauterbach (91 App. Div. 315) made the bid irregular, and justified its rejection by the council; and while the case is an authority for this .contention, we do not care to determine the question here presented upon that ground. The plaintiff relies upon People ex rel. Coughlin v. Gleason (121 N. Y. 631) as authority for his contention that under the provisions of defendant’s charter it was obligatory upon the common council, if it awarded the contract to
The exceptions taken at tlie trial must be overruled, the decision of the trial court in dismissing the complaint sustained, and judgment entered upon the dismissal, with costs.
Jenks, Hooker, Gaynor and'MiLLER, JJ., concurred.
Exceptions overruled and judgment affirmed, with costs.