Capuano, Inc. v. School Bldg. Committee of Wilbraham

• Decision Date: 03 November 1953
• Citation: Capuano, Inc. v. School Bldg. Committee of Wilbraham, 115 N.E.2d 491, 330 Mass. 494 (Mass. 1953)
• Parties: CAPUANO, Inc. v. SCHOOL BUILDING COMMITTEE OF WILBRAHAM et al.
• Court: Supreme Judicial Court of Massachusetts

Page 491

115 N.E.2d 491

330 Mass. 494

CAPUANO, Inc. v. SCHOOL BUILDING COMMITTEE OF WILBRAHAM et al.

Supreme Judicial Court of Massachusetts, Hampden.

Argued Sept. 17, 1953.

Decided Nov. 3, 1953.

Raymond J. Rosa, Springfield, for appellant.

Frank Auchter, Springfield, for respondent.

Before QUA, C. J., and LUMMUS, RONAN, WILKINS and WILLIAMS, JJ.

WILLIAMS, Justice.

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...