Swanton v. Corby

MARKS, J.

Plaintiff, an elector and taxpayer of the city of Arcadia, brought this action to recover from defendants, except the city, and have paid into the city treasury, money expended for labor and materials used in the erection of a two-way short wave radio for use by the city police. Demurrers to the complaint were sustained without leave to amend. This appeal is taken from the judgments thereafter entered in favor of the demurring defendants.

Arcadia is a city of the sixth class. The individual defendants are officers of the city, merchants who supplied materials for, and laborers who erected the radio.

The city did not advertise for bids for the materials and labor used in the radio, but purchased the materials in the open market. Separate demands were filed, allowed and paid for each item. The smallest bill for supplies was $8.16 for miscellaneous ropes and pulleys, and the largest $375 for high frequency transmitter and frequency meter monitor. Two bills for labor, one for $8 and one for $78 were paid. There was one bill for $14.42 for labor and materials. The first bill is dated November 4, 1936, and the last February 16, 1937. The completed radio cost $902.46. There is no allegation of any fraud or dishonesty in any of the contracts nor that an excessive price was paid for any of the materials or labor.

The sole question presented is whether or not under section 874 of the Municipal Corporation Act (Stats. 1883, p. 93, as amended, Stats. 1933, p. 1334) the city was required to advertise for bids for the materials and labor used in building the radio. That section contains the following:

[229]

“In the erection, improvement, and repair of all public buildings and works, in all street and sewer work, and in all work in or about streams, bays, or water fronts, or in or abont embankments, or other works for protection against overflow, and in furnishing any supplies or materials for the same, when the expenditures required for the same exceed the sum of five hundred dollars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after notice. ...”

It is clear that the only possible classification that could include the material and labor here involved is the first phrase which concerns itself with the “erection ... of all public . . . works”.