O'CONNELL, INC. v. COUNTY OF BROOME


198 Misc. 402 (1950)

Frank W. O'Connell, Inc., Plaintiff, v. County of Broome, Defendant.

Supreme Court, Adjourned Special Term, Broome County.

July 21, 1950.


Attorney(s) appearing for the Case

Robert E. Fischer for plaintiff.

Charles P. O'Brien and Justin C. Flannigan for defendant.


ZELLER, J.

On May 1, 1950, following public advertising for bids for construction of a garage and field office various bids were submitted to the county. Plaintiff's bid was $116,952.35; the next lowest was $145,550. Accompanying plaintiff's bid was a check for $5,900 representing 5% of the amount of his bid in accordance with the "Notice to Bidders" which required a 5% deposit "as a guarantee that bidder will...

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