Duboise Const. Co. v. City of South Miami

CourtUnited States State Supreme Court of Florida
Writing for the CourtDAVIS, C.J.
Citation146 So. 833,108 Fla. 362
Decision Date23 February 1933
PartiesDUBOISE CONST. CO. v. CITY OF SOUTH MIANI.

146 So. 833

108 Fla. 362

DUBOISE CONST. CO.
v.
CITY OF SOUTH MIANI.

Florida Supreme Court

February 23, 1933


Rehearing Denied April 3, 1933.

En Banc.

Error to Circuit Court, Dade County; Uly O. Thompson, Judge. O. Thompson, Judge. against the City of South Miami. Verdict for plaintiff, and, to review an order setting aside the verdict and granting defendant's motion for a new trial, plaintiff brings error.

Reversed and remanded, with directions.

COUNSEL [146 So. 834]

[108 Fla. 363] Charles A. Morehead, of Miami, for plaintiff in error.

John C. Sullivan and J. J. Lindsey, both of Miami, for defendant in error.

OPINION

DAVIS, C.J.

This was an action by a contractor against the city of South Miami on its contract for public improvements. Motion for a directed verdict was denied, and the issues were submitted to a jury for trial. The jury found a verdict in favor of plaintiff for $5,000 damages. Upon motion for a new trial, the court set the verdict aside on the theory that the ruling of this court in Robert G. Lassiter & Co. v. Taylor, 99 Fla. 819, 128 So. 14, 69 A. L. R. 689, was applicable to this case and prohibited a recovery by plaintiff. Upon writ of error to that order granting defendant's motion for a new trial, the case is now before us for review.

The City Charter (section 42, chapter 13425, Sp. Acts 1927) of South Miami provided that all contracts exceeding $1,000 should be awarded by the city to the lowest bidder, pursuant to public advertisement and competive bidding, as might be prescribed by ordinance.

The facts disclosed at the trial are: That the city of South Miami advertised for bids for the construction of two bridges. The bid of the plaintiff in error was about $100 higher than the bid of one George Bunnell, a competing contractor. The particular contract involved a total of approximately $11,000. The council, without objection by any one, let the contract to plaintiff in error as the lowest responsible bidder. Later, when town had been [108 Fla. 364] sued in this case on the contract for breach of its contract, it attempted to show by parol testimony that the rejected bid of the other contractor, George Bunnell, being as it was about $100 lower, was in fact the lowest responsible did covering the work that was awarded to plaintiff.

All evidence to the foregoing effect was received under the general issues involved in other pleas; no special plea of ultra vires having been filed. The jury found on the facts against the city officials' version of the transaction, the substance of which was to the effect that the city had violated the statute by awarding the contract to Duboise Construction Company, when it had not been affirmatively decided that it was the responsible bidder.

No record or other evidence was submitted which is in anywise conclusive on the proposition that the jury decided wrong when it decided for plaintiff, evidently on the theory that the city's own records were indicative of the fact that the city's real reason for abandoning its contract was entirely because it had decided, after letting a contract, that it did not want to go ahead with the improvement.

A careful review of the pleadings and evidence shows that the contract under attack by the defendant city of South Miami was...

To continue reading

Request your trial
11 practice notes
  • Cloud v. Fallis
    • United States
    • United States State Supreme Court of Florida
    • April 10, 1959
    ...of the trial courts. We said that such orders would infrequently be disturbed, citing Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833. We announced that they would not be overturned in the absence of a 'clear showing of an abuse of * * * discretion' in entering them. We......
  • Danek v. Hoffman, No. 6133
    • United States
    • Florida District Court of Appeals
    • September 16, 1966
    ...of the trial courts. We said that such orders would infrequently be disturbed, citing Duboise Const. Co. v. City of South Miami, 108 Fla. 362, Page 898 146 So. 833. We announced that they would not be overturned in the absence of a 'clear showing of an abuse of * * * discretion' in entering......
  • Grant v. Williams, No. 6606
    • United States
    • Court of Appeal of Florida (US)
    • August 12, 1966
    ...courts are allowed a very broad and liberal discretion in the matter of granting new trials. In Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833, this court went so far as to state that the decision of a trial judge in granting a new trial will seldom be re-reversed by a......
  • Cloud v. Fallis, No. 185
    • United States
    • Court of Appeal of Florida (US)
    • June 27, 1958
    ...courts are allowed a very broad and liberal discretion in the matter of granting new trials. In Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833, this court went so far as to state that the decision of a trial judge in granting a new trial will seldom be reversed by an a......
  • Request a trial to view additional results
11 cases
  • Cloud v. Fallis
    • United States
    • United States State Supreme Court of Florida
    • April 10, 1959
    ...of the trial courts. We said that such orders would infrequently be disturbed, citing Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833. We announced that they would not be overturned in the absence of a 'clear showing of an abuse of * * * discretion' in entering them. We......
  • Danek v. Hoffman, No. 6133
    • United States
    • Florida District Court of Appeals
    • September 16, 1966
    ...of the trial courts. We said that such orders would infrequently be disturbed, citing Duboise Const. Co. v. City of South Miami, 108 Fla. 362, Page 898 146 So. 833. We announced that they would not be overturned in the absence of a 'clear showing of an abuse of * * * discretion' in entering......
  • Grant v. Williams, No. 6606
    • United States
    • Court of Appeal of Florida (US)
    • August 12, 1966
    ...courts are allowed a very broad and liberal discretion in the matter of granting new trials. In Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833, this court went so far as to state that the decision of a trial judge in granting a new trial will seldom be re-reversed by a......
  • Cloud v. Fallis, No. 185
    • United States
    • Court of Appeal of Florida (US)
    • June 27, 1958
    ...courts are allowed a very broad and liberal discretion in the matter of granting new trials. In Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833, this court went so far as to state that the decision of a trial judge in granting a new trial will seldom be reversed by an a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT