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GAASTRA v. VILLAGE OF FAIRWATER

No. 75-259.

77 Wis.2d 7 (1977)

252 N.W.2d 60

GAASTRA, d/b/a C. J. Gaastra Construction Company, Respondent, v. VILLAGE OF FAIRWATER, Appellant.

Supreme Court of Wisconsin.

Decided March 29, 1977.

Attorney(s) appearing for the Case

For the appellant there were briefs by Peter John Hoeper and Hooker & Hoeper of Waupun, and oral argument by Peter John Hoeper.

For the respondent there was a brief by James C. Herrick, Jr., and Laird, Sippel & Herrick of Fond du Lac, and oral argument by James C. Herrick, Jr.

DAY, J.

The question is whether acceptance of a bid by a municipality is a precondition to forfeiture of a bidder's deposit. We hold that acceptance of the bid is a prerequisite to forfeiture.

In March 1972 the defendant village of Fairwater advertised in a trade paper soliciting bids for construction of sanitary sewers, lift stations, a waste stabilization pond and other items which were part of a pollution prevention...

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