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ERIE COUNTY
LAW JOURNAL

Reports of Cases Decided in the Several Courts of Erie and Ad-

jacent Counties for the year 1919.

VOL. I.

Erie, Pa.

Lytle F. Perry, 615-6 Marine Bank Building.

1919

JURISPRUDENOE ALBRACHT ET AL. VS. CITY OF ERIĘ, ET AL.

Cities—Third Class-Act of 1913, P. L. 155--Act of 1913, P. L. 569–Bids upon public buildings-Separate bids.

The bids for work upon public buildings can only be submitted separately as the statute provides and contracts for each branch of the work should be separately let.

Two statutes being passed at the same session, there is a strong presumption against an implied repeal.

Rule to dissolve preliminary injunction. C. P. Erie Co., in Equity, No. 5, September Term, 1914.

A. W. Mitchell and P. V. Gifford for Plaintiffs.
C. P. Hewes for Liebel-Binney Construction Co.
Chas H. English for Defendants.

WALLING, P. J., Aug. 10, 1914–The bill in this case was filed by taxpayers to restrain the defendant City and its officers from executing and carrying out a certain contract with the LiebelBinney Construction Company for the making of certain alterations and additions to the City Hall.

The case was heard upon the bill and testimony taken on the rule to dissolve the injunction. We find material facts as follows:

1. The Defendant City of Erie is a city of the third class, and now acting under the Act of June 27th, 1913, P. L. 569, known as the Clark Bill, and the plaintiff are resident taxpayers of said city.

Erie has a City Hall, and in the spring and early summer of 1914, the city, through the proper municipal authorities, proceeded to make certain alterations and repairs to the third floor of said City Hall, costing over $20,000.00.

3. For which work, the City had the usual plans and specifications prepared and bound under one cover, but including separate specifications for the several items including the plumbing, heating, ventilating and electrical work. The usual advertisement was made requesting the submission of bids for the making of such alterations and repairs in accordance with the plans and specifications.

4. No separate bids for said plumbing, heating, ventilating and electrical work were asked for or received, and there was some talk by an employee in charge of the plans at the City Hall indicating that only bids for the entire work would be received, but no member of Council so stated. However, four bids, each for the entire work were submitted. and the Liebel-Binney Construction Company. a reliable contracting firm of this city, having submitted a bid of $21,776.00, which was the lowest and best of the said four bids, was awarded the contract, which was duly prepared and which the Council directed the Mayor to execute on behalf of the

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