Richardson v. Grant County

• Decision Date: 28 December 1883
• Citation: 27 F. 495
• Parties: RICHARDSON v. GRANT CO.
• Court: United States Circuit Court, District of Indiana

27 F. 495

RICHARDSON v. GRANT CO.

United States Circuit Court, D. Indiana.

December 28, 1883

McDonald Butler & Mason, for plaintiff.

Harrison Miller & Elam, for defendant.

WOODS J.

The complaint charges an indebtedness of the defendant to the plaintiff in the sum of $24,000 for materials furnished, work and labor done, skill bestowed, and money paid out by the plaintiff, at the special instance of the defendant's board of commissioners, in the construction of a court-house for the defendant. A proper bill of particulars is filed, and it is averred that the board of commissioners for the county has received, and is in the enjoyment of, the said work and labor and materials. The fourth paragraph of answer is to the effect that no plans and specifications for the work were ever made and adopted by the board of commissioners, and filed as required by law, and no advertisement made for bids for doing the work and furnishing the materials; nor were any bids presented to, or received by, the board. To this answer the plaintiff has demurred for want of facts stated sufficient to constitute a good defense to the action.

By the first section of an act of the Indiana legislature, which took effect August 24, 1875, it is provided that 'it shall not be lawful for any board of county commissioners in this state to make any contract for the construction of any court-house, jail, or any other county or township building or monument, until plans and specifications have been adopted by such board, and * * * deposited in the office of the auditor of such county, and open to the inspection of the people of such county. All contracts attempted to be made in violation of the foregoing provisions shall be null and void. ' The next section provides that when such plans and specifications shall have been adopted and filed, the board shall not contract for or let the proposed work 'until it has advertised such letting, and requested bids for the same,' in a manner prescribed, 'with a reference to such plans and specifications: provided, that the provisions of this act shall not apply to buildings when the cost of the same shall not exceed five hundred dollars. ' The next section requires the board to let the contract to the lowest bidder, and to require of him bond and security for the faithful performance of the work according to the plans and specifications so deposited. Rev. St. 1881, Secs. 4243-4245.

It is conceded, as I understand, that under these statutory provisions no special contract for the work done by the...