Appeals, Nos. 199 and 253, Jan. T., 1964, from decree of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1963, No. 410, in case of R. & B. Builders, Inc. v. School District of Philadelphia. Decree affirmed.
Joseph W. Marshall, with him Eugene F. Brazil, for appellant.
Herman J. Obert, with him Kenneth M. Cushman, and Cushman & Obert, for appellee.
Before Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE EAGEN
In this taxpayer's action in equity, the lower court enjoined the School District of the City of Philadelphia (District) from awarding a contract for certain major alterations to the West Philadelphia High School to anyone other than R. & B. Builders, Inc. (R. & B.). District appeals.
The facts are not in dispute.
District advertised for bids for the work contemplated. The invitation to bid, in accordance with the rules of the Board of Education previously promulgated, stipulated, inter alia, that "a bid bond in an amount equal to at least 25% of the total bid shall accompany this bid."
R. & B., together with several other contractors, submitted a bid to District. When the bids were opened on the appointed date, that of R. & B. in the amount of $346,000 was the lowest submitted. However, the bond accompanying the bid, while signed by R. & B. and a responsible corporate surety, and in every other respect complete, did not contain any specific penal sum in the blank space provided. District, acting on advice of
counsel, rejected R. & B.'s bid solely because the bond did not conform to the specified requirements. The next lowest bid in the sum of $347,200 was announced as the lowest valid bid received.*fn1 The president of R. & B., who attended the meeting, immediately publicly announced that the omission was unintentional and that his company was ready, able and willing to perform.
This action followed. The lower court first granted a temporary injunction, and, after hearing, entered a decree making it permanent and included therein a directive that R. & B. immediately file with District a new ...