187 Iowa 569 | Iowa | 1919
Briefly, the petition alleged that, in May, 1918, defendant town advertised for bids for paving; that, separate from said notice, defendant submitted specifications and contract, prepared by the engineer; that, on June 1, 1918, without seeing the published notice, plaintiff called at the office of the town council, and was shown the proposals, specifications, and contract, and made a bid on the work, and deposited a check in the sum óf° $1,000; that plaintiff learned later that the bid was not in accord with the notice, and was, therefore, not a legal bid; that, on June 3, 1918, the council undertook to accept plaintiff’s bid, but, on the next day, he advised them that there was a mistake in the amount and figuring of his bid, and that his deposit and bid were not legal, and he thereupon refused to sign said contract, and demanded back the certified check of $1,000; that said check was on a bank in Des Moines, while the proposals and notices provided for a check to be written upon a Woodward bank; that, notwithstanding plaintiff’s objections, the council, recognizing the mistake, and that the work could not be performed for the amount of the bid, withholds said deposit, and has made no distribution thereof; that plaintiff advised the council that he waived all right to the contract, and asked the council to let said bid to the next highest bidder; that the council accepted said rescission and refusal to sign the contract, but refused to return the $1,000, and thereafter published notice, and relet said contract to the next highest bidder, at an increased price. The prayer is that an injunction issue, enjoining the city council from disposing or distributing said $1,000, and that said city council be ordered to return the same to plaintiff, and for such other and further relief as seems equitable, and for judgment in the sum of $1,000 and interest from June 10, 1918, and that the court hold said bid to be illegal, and cancel the same, and release and order the return of said $1,000.