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SCHMITT v. BERWICK TOWNSHIP

Civ. No. 910349.

488 N.W.2d 398 (1992)

David SCHMITT, Plaintiff and Appellee, v. BERWICK TOWNSHIP, a municipal corporation of State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

July 28, 1992.

Attorney(s) appearing for the Case

Michael S. McIntee, of McIntee Law Firm, Towner, for plaintiff and appellee.

Lyle Gregory Witham, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

Berwick Township appealed from a county court judgment construing a gravel-hauling contract between the Township and David Schmitt and awarding Schmitt damages. We affirm.

During April 1990, the Township solicited bids for spot graveling of township roads. Three parties, including Schmitt, submitted bids. Schmitt's bid was accepted by the Township board members. It provides, in its entirety, as follows:

"190 per yard per mile...

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