Haywood Pub. Co. v. West
| Decision Date | 05 March 1942 |
| Docket Number | 16695. |
| Citation | 39 N.E.2d 785,110 Ind.App. 568 |
| Parties | HAYWOOD PUB. CO. v. WEST et al. |
| Court | Indiana Appellate Court |
Albert H. Cole, of Peru, and Charles H. Robertson, of Lafayette, for appellant.
Oliver F. Rhodes, of Peru, and Arthur W. Parry, of Ft. Wayne, for appellees.
This appeal is from a judgment of the trial court whereby a contract with the appellant, Haywood Publishing Company, to furnish books, blanks, stationery and supplies for the county officials of Miami County was declared illegal and void.
The complaint upon which this judgment was predicated was filed by the appellees, West and Steinmetz, against all the other appellees and the appellant herein, and was an action for and on behalf of the taxpayers of Miami County. The complaint alleged the requisitions and appropriations for the supplies needed by the County in the way of stationery, the giving of notice that bids would be received therefor, and alleged that on the 7th day of December, 1938, the Board of Commissioners of Miami County met in the office of the Auditor of said County for the purpose of opening the bids and awarding the contracts. The complaint alleges that upon the opening of said bids, which were submitted on five classes of supplies the Wayne Paper Box and Printing Corporation, of Ft. Wayne Indiana, bid as follows:
The Haywood Publishing Company also filed its bid on three classes of printing as follows:
The complaint further alleges that these two bids were the only bids received on these three classes of supplies, and that the contract was awarded to the Haywood Publishing Company on the bid submitted.
The complaint charges that this action of the Board of Commissioners was illegal, arbitrary and in abuse of the discretion of the Board of Commissioners. The complaint prayed that the contract so awarded be declared illegal and void, and that the same should be set aside.
The case was submitted to the court for trial and the court after hearing the evidence, found for the appellees, West and Steinmetz, on the complaint, and found that the contract entered into by the Board of Commissioners of Miami County and the appellant herein was illegal and void, and ordered that the same should be set aside and be declared of no force and effect. The motion for a new trial was filed and overruled, and the only error assigned to this court is the error in overruling appellant's motion for a new trial. Under this assignment of error, the appellant contends that the decision of the trial court is not sustained by sufficient evidence and is contrary to law.
The record discloses that at the trial of the case it was stipulated by and between the parties that all steps required by law were taken, and the proceedings of the Board of Commissioners were regular up to the time that the bids were received and the contracts were awarded, about which complaint is made. It is further stipulated that the appellant had furnished the supplies for the year 1939 pursuant to the contract to them awarded. The record further discloses that the Haywood Publishing Company has been engaged for many years in the business of furnishing books, blanks, stationery and supplies to county offices, and had furnished said supplies to Miami County for many years prior to the year 1939; its material and services rendered in this field had been entirely satisfactory. The appellant also concedes that the Wayne Paper Box and Printing Corporation, of Fort Wayne, Indiana, is a corporation of substantially the same size and financial responsibility as the Haywood Publishing Company and has for many years been engaged in business in Indiana.
The record further discloses that in the consideration of the bids above submitted the representative of the Wayne Paper Box and Printing Corporation gave the Board of Commissioners the names of two counties with whom they had done business, and suggested that they be interviewed as to the quality and character of their work. The Board of Commissioners, acting upon this suggestion, called the two county auditors and received from one an unqualified endorsement and recommendation. The other county auditor, to whom the Commissioners talked, refused to unqualifiedly endorse, and stated that some of their supplies purchased had not been entirely satisfactory, although satisfactory adjustments had been made. No further investigation was made and the contract was awarded to the appellant.
In the last analysis, therefore, the question presented by this appeal is whether or not this record discloses such a factual background as warrants the interposition of a court of equity to sanction or annul the action of the Board of County Commissioners in awarding this contract. Generally speaking, courts of equity are not endowed with visitorial powers to approve or disapprove the manner in which county commissioners exercise the powers conferred upon them.
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Haywood Pub. Co. v. West, 16695.
...110 Ind.App. 56839 N.E.2d 785HAYWOOD PUB. CO.v.WEST et al.No. 16695.Appellate Court of Indiana, in Banc.March 5, Appeal from Circuit Court, Miami County; John H. Marshall, Judge. Action by William West and George Steinmetz against Haywood Publishing Company and others to have a contract dec......