McNEILL, Justice.
The action was instituted by appellant against appellee, herein sometimes referred to as City, to recover his bid deposit or guaranty of $8,500 which represented 5 percent of the bid he had made in response to a call for bids by appellee for the installation of a certain water main in the City of Beaumont. Five bids were submitted on this project and they were opened by the City Council on July 9, 1957. Appellant's bid for the project was $169,023...
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