Capuano, Inc. v. School Bldg. Committee of Wilbraham
| Decision Date | 03 November 1953 |
| Citation | 330 Mass. 494,115 N.E.2d 491 |
| Parties | CAPUANO, Inc. v. SCHOOL BUILDING COMMITTEE OF WILBRAHAM et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Raymond J. Rosa, Springfield, for appellant.
Frank Auchter, Springfield, for respondent.
Before QUA, C. J., and LUMMUS, RONAN, WILKINS and WILLIAMS, JJ.
In this bill in equity it is alleged that the defendants Swetland, Aperici, Gardner, Gale, Green, Hintze, and Howes are members of the school building committee of the town of Wilbraham; that they advertised for bids for the construction of an addition to a school building; that the plaintiff submitted a bid of $88,845 which was the lowest bid; that the defendants W. J. Quinn and James M. Quinn, doing business as W. J. Quinn Company, submitted a bid of $90,500; and that on information and belief the contract 'is not to be awarded to it [the plaintiff], as the lowest responsible and eligible bidder.' It is prayed that the school building committee be enjoined from awarding the contract 'to any one other than the lowest bidder' and that the Quinns be enjoined 'from commencing work or taking any other action under said award * * * for the construction of * * * [the] addition,' The defendant members of the school building committee filed a joint demurrer, as did the Quinns, each demurrer alleging that the bill did not state facts entitling the plaintiff to relief in equity and did not set forth any substantive facts necessary to constitute a cause of action. The demurrers were sustained by interlocutory decrees. The plaintiff appeals from these decrees and from a final decree dismissing the bill.
The bill purports to allege a threatened violation by the building committee of G.L. (Ter.Ed.) c. 149, § 44A, as appearing in St.1941, c. 699, § 1, which in substance, provides that a building committee of a town which is empowered to contract for the alteration or remodeling of a public building at an estimated cost of more than $1,000 shall award the contract 'on the basis of competitive bids to the lowest responsible and eligible bidder.' While it is alleged in the bill that the plaintiff was the lowest bidder, it is nowhere alleged that it was the lowest responsible and eligible bidder. Nor is it alleged that the contract has been awarded to the Quinns or to other than the lowest responsible and eligible bidder. All that appears is the vague statement that on information and belief the...
To continue reading
Request your trial
-
Filippone v. Mayor of Newton
...standards of review have been applied in analogous cases of discretionary action. See, e.g., Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494, 496, 115 N.E.2d 491 (1953) (discretionary determinations of public official may not be controverted unless illegal or arbitrary); Fre......
-
Sciaba Const. Corp. v. City of Boston
... ... , for Modern Continental Construction Co., Inc., submitted a brief ... L ... v. School Hous. Comm. of N. Reading, 334 Mass. 252, 258, ... McClean Heating Supplies Inc. v. School Bldg. Commn. of Springfield, 341 Mass. 322, 324, 169 ... See Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 ... ...
-
Rudolph v. City Manager of Cambridge
...gives to the awarding authority and not to the court the determination of the competence of bidders. Capuano, Inc. v. School Bldg. Com. of Wilbraham, 330 Mass. 494, 496, 115 N.E.2d 491. It does not follow, however, that in the special circumstances of this case, stated in following paragrap......
-
Poorvu Const. Co. v. Nelson Elec. Co.
...by St.1956, c. 679, not here relevant.2 See, for cases incidentally relevant to these statutes, Capuano, Inc., v. School Building Committee of Wilbraham, 330 Mass. 494, 115 N.E.2d 491; M. Ahern Co. v. John Bowen Co., Inc., 334 Mass. 36, 40-41, 133 N.E.2d 484.3 In the following quotation of ......