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FOY CONSTRUCTION CO. v. BOARD OF EDUCATION

No. 40,863

183 Kan. 25 (1958)

325 P.2d 53

L.R. FOY CONSTRUCTION CO., INC., Appellant, v. THE BOARD OF EDUCATION OF SCHOOL DISTRICT No. 1, Leavenworth, Kansas; FRANK FREEMAN, President of Said Board; CHARLES TIMMONS; DOROTHY VOORHEES; R.H. HINZ; LEROY SICKEL and W.I. OLIVER, Members of Said Board; HUGH C. BRYAN, Superintendent of Said Board, and E. PAUL LESSIG, Clerk-Business Manager of Said Board of Education, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

Donald C. Martindell and Robert J. Gilliland, both of Hutchinson, argued the cause, and William D.P. Carey, Wesley E. Brown, Edwin B. Brabets, John F. Hayes, C. William Miller, Robert C. Martindell and Elwin F. Cabbage, all of Hutchinson, and James E. Fussell, of Leavenworth, were with them on the briefs for the appellant.

F.C. Bannon and Ethan Potter, both of Leavenworth, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

Plaintiff construction company, of Hutchinson, submitted a bid for the construction of a school building in Leavenworth. Accompanying the bid was a surety bid bond in the amount of $75,000.00. The bid as submitted was the low bid by a considerable amount and was accepted by the school board. Plaintiff later claimed that due to a mistake its bid was $100,000.00 lower than was intended. Negotiations for settlement...

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