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MIDWAY EXCAVATORS, INC. v. CHANDLER, COMM'R

No. 85-359.

128 N.H. 654 (1986)

MIDWAY EXCAVATORS, INC. v. JOHN P. CHANDLER, COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Supreme Court of New Hampshire.

October 3, 1986.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Robert Upton, II, on the brief, and Gilbert Upton orally), for the plaintiff.

Stephen E. Merrill, attorney general (Michael J. Walls, assistant attorney general, on the brief, and Mr. Merrill orally), for the State.

BATCHELDER, J.

This case involves an alleged mistake in a bid by the plaintiff, Midway Excavators, Inc., on a highway construction project in the town of Franconia. The New Hampshire Department of Public Works and Highways (now the department of transportation) accepted the bid, but refused to reform it to correct the alleged mistake. The plaintiff challenged that refusal in a petition for equitable relief. The Superior Court (Dickson, J.) denied the petition...

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