Opinion
No. 24390
Decided March 7, 1934.
Public contracts — Highways — Authority to contract with lowest and best bidder — Discretion not controlled by mandamus.
ERROR to the Court of Appeals of Franklin county.
Mr. H.C. Busch, Mr. Smith W. Bennett and Mr. Ralph E. Westfall, for plaintiff in error.
Mr. John W. Bricker, attorney general, and Mr. Thomas M. Miller, for defendants in error.
It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same hereby is, affirmed on authority of State, ex rel. Walton, v. Hermann et al., Commrs. Water Works of the City of Cincinnati, 63 Ohio St. 440.
Judgment affirmed.
WEYGANDT, C.J., ALLEN, STEPHENSON, JONES, BEVIS and ZIMMERMAN, JJ., concur.
MATTHIAS, J., not participating.