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PRESIDENT & COUN. OF MOUNT ST. MARY'S COL. v. AETNA C. & S. CO.

Civ. No. 14180.

233 F.Supp. 787 (1964)

The PRESIDENT AND COUNCIL OF MOUNT SAINT MARY'S COLLEGE v. The AETNA CASUALTY & SURETY COMPANY, Defendant, and W. Harley Miller, Inc., Intervening Defendant. W. HARLEY MILLER, INC., Counter-Plaintiff, v. The PRESIDENT AND COUNCIL OF MOUNT SAINT MARY'S COLLEGE, Counter-Defendant.

United States District Court D. Maryland.

September 3, 1964.

Attorney(s) appearing for the Case

George Cochran Doub, Robert D. Klages, Weinberg & Green, and Joseph M. Wyatt, Wyatt & Jones, Baltimore, Md., for plaintiff.

Richard W. Emory, William J. McCarthy, and Venable, Baetjer & Howard, Baltimore, Md., for defendants.

THOMSEN, Chief Judge.

This is an action against a surety on a bid bond to recover the penalty thereof, wherein the low bidder, W. Harley Miller, Inc. (Miller, Inc.), the intervening defendant, seeks relief on the ground of mistake from any obligation created by its bid, cancellation of its bid, and return of the bid bond. The mistake consisted in the failure of Miller, Inc., to include in its Base Proposals certain Separate...

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