STATE v. UNION CONSTRUCTION COMPANY

No. 8816.

9 Utah 2d 107 (1959)

339 P.2d 421

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, C.H. VANCE, CHAIRMAN, LAYTON MAXFIELD AND LORENZO J. BOTT, MEMBERS OF THE STATE ROAD COMMISSION, PLAINTIFF AND APPELLANT, v. UNION CONSTRUCTION COMPANY, INC., AND THE UNITED STATES FIDELITY AND GUARANTY COMPANY, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

May 19, 1959.


Attorney(s) appearing for the Case

E.R. Callister, Jr., Atty. Gen., Maurice D. Jones, Asst. Atty. Gen., for appellant.

Dwight L. King, Robert W. Hughes, Salt Lake City, for respondents.


McDONOUGH, Justice.

Appeal from a judgment relieving defendant and its bondsman from a road construction bid. Defendant had submitted the low bid of $173,000 for construction of five miles of bituminous surfaced road between Escalante and Henrieville in Garfield County, together with the required good faith deposit of 5% to guarantee performance. The bid was accepted, but the defendant learned that it had made an error in the exact route of the roadway, and refused...

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