State Highway Comm'n v. Crystal Flash Petroleum Corp., 16527.

• Decision Date: 27 May 1941
• Docket Number: No. 16527.,16527.
• Citation: 109 Ind.App. 255,34 N.E.2d 148
• Parties: STATE HIGHWAY COMMISSION et al. v. CRYSTAL FLASH PETROLEUM CORPORATION.
• Court: Indiana Appellate Court

109 Ind.App. 255

34 N.E.2d 148

STATE HIGHWAY COMMISSION et al.

v.CRYSTAL FLASH PETROLEUM CORPORATION.

No. 16527.

Appellate Court of Indiana, in Banc.

May 27, 1941.

Appeal from Superior Court, Marion County; Russell Ryan, Judge.

Suit by the Crystal Flash Petroleum Corporation against the State Highway Commission of the State of Indiana, and others, to enjoin the State Highway Commission from awarding a certain contract to the Pure Oil Company and for other relief. From an adverse judgment, defendants appealed and complainant assigned cross-error.

Appeal dismissed.Omer S. Jackson, Atty. Gen., and Thomas Longfellow and Caleb J. Lindsey, Deputy Attys. Gen., for appellants.

Noel, Hickam, Boyd & Armstrong, of Indianapolis, for appellee.

STEVENSON, Judge.

On May 5, 1939, the appellant, the State Highway Commission of the State of Indiana, gave notice that they would accept sealed proposals until ten A. M. on May 15, 1939, for the furnishing of gasoline, kerosene, and other oils, greases, and lubricants, for a period of one year beginning June 1, 1939, for each of its six maintenance districts.

For that district known as the Greenfield District, fourteen bids were submitted. The appellee, Crystal Flash Petroleum Corporation, was the low bidder in this group. The appellant, on May 23, 1939, awarded the contract for the Greenfield District to the Pure Oil Company, and a contract was entered into with that company.

On May 31, 1939, the appellee filed its complaint seeking to enjoin the State Highway Commission of the State of Indiana from accepting the bid of the Pure Oil Company, and from awarding the contract to the Pure Oil Company. The appellee further sought a mandatory injunction mandating the State Highway Commission of the State of Indiana to accept the bid of the appellee.

To this paragraph of complaint, the appellant, the State Highway Commission of the State of Indiana, filed an answer in two paragraphs; the first in general denial, and second alleged that the contract had already been entered into with the Pure Oil Company and they were engaged in its performance.

The cause was submitted to the court for hearing, and a temporary restraining order was issued on June 30, 1939. This restraining order was made permanent on July 1, 1939, and it was ordered by the court that the appellant, the State Highway Commission of the State of Indiana, be restrained and enjoined from accepting the bid of the Pure Oil Company submitted May 15, 1939, and from awarding any contract thereon to the Pure Oil Company. The State Highway Commission of the State of Indiana was further enjoined from paying out any money for any materials furnished, as a result of said bid or proposed contract.

The appellee filed a motion to modify this judgment, and asked that the judgment be amended to include an order mandating the State Highway Commission of the State of Indiana to award the contract to the appellee. This motion was overruled, and this ruling is assigned as a cross-error by the appellee.

Motion for new trial was filed and overruled, and this appeal has been perfected. The errors assigned in this court by the appellant, the State Highway Commission of the State of Indiana, are the alleged errors in overruling the motion for a new trial, and the further alleged error in permitting the filing of a second paragraph of complaint by the appellee, after the close of the...