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BADER v. SHARP

125 A.2d 499 (1955)

Merwin O. BADER, Plaintiff below, Appellant, v. Hugh R. SHARP, Jr., J. Draper Brown, Jr., Benjamin F. Shaw, II, J. Gordon Smith, William P. Richardson, Frank R. Grier, and Dallas D. Culver, being and constituting the Commissioners of the State Highway Department of the State of Delaware; A. S. Wikstrom, Inc., a corporation of the State of New York; Clarence S. Collins, Jr., as State Treasurer of the State of Delaware, and William A. McWilliams, as Chief Engineer of the State Highway Department, Defendants below, Appellees.

Supreme Court of Delaware.

March 18, 1955.

Attorney(s) appearing for the Case

John Merwin Bader, Wilmington, for appellant.

Herbert L. Cobin, Chief Deputy Atty. Gen., for appellees State Highway Department, State Treasurer and Chief Engineer of State Highway Department.

Richard F. Corroon, of Berl Potter & Anderson, Wilmington, for appellee A. S. Wikstrom, Inc.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

This is a taxpayer's suit to enjoin the award by the State Highway Department of a contract for public work. The essential question is whether an alleged variance from the bidding requirements by the successful bidder was so substantial as to require the rejection of its bid.

In July 1954 the State Highway Department advertised for bids for a contract for the construction of the superstructure...

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