Gosselin's Dairy, Inc. v. School Committee of Holyoke

• Decision Date: 01 March 1965
• Citation: Gosselin's Dairy, Inc. v. School Committee of Holyoke, 205 N.E.2d 221, 348 Mass. 793 (Mass. 1965)
• Parties: GOSSELIN'S DAIRY, INC. v. SCHOOL COMMITTEE OF HOLYOKE.
• Court: Supreme Judicial Court of Massachusetts

Page 221

205 N.E.2d 221

348 Mass. 793

GOSSELIN'S DAIRY, INC. v. SCHOOL COMMITTEE OF HOLYOKE.

Supreme Judicial Court of Massachusetts, Hampden.

Argued Feb. 4, 1965.

Decided March 1, 1965.

William C. Flanagan, Springfield, for petitioner.

Ralph J. Chouinard, City Sol., for respondent.

Before WILKINS, C. J., and SPALDING, CUTTER, SPIEGEL and REARDON, JJ.

RESCRIPT.

A judge of the Superior Court ordered that a writ of certiorari to review action of the school committee be dismissed. Gosselin's Dairy, Inc. (Gosselin's) appealed. The committee advertised for written bids to supply milk during the school year, 1964-1965, reserving the right to reject any bids. Gosselin's, which has its principal office in Chicopee, submitted a bid estimated to cost the city $65,650. The award was made to a firm, which submitted a bid estimated to cost the city $67,210. That firm was 'located in Holyoke.' The sole question is whether the award must be to the lowest responsible and eligible bidder because of G.L. c. 30, § 39M (inserted by St.1963, c. 842, § 1, entitled 'An Act to require that all contracts for construction and for materials be awarded to the lowest responsible and eligible bidder, and to assure full competition in the taking of bids for such contracts'.) In context § 39M(e) defining 'material' as 'any article, assembly, system, or any component part thereof,' must be interpreted as referring only to materials used in the construction, alteration, or repair of any public work. See 1963 Senate Doc.No. 563 and House Doc.No. 3470. The balance of § 39M is principally devoted to public works...