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BALTIMORE v. DeLUCA-DAVIS CO.

[No. 220, October Term, 1955.]

210 Md. 518 (1956)

124 A.2d 557

MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. v. DeLUCA-DAVIS CONSTRUCTION COMPANY, INC. BROOKLYN ENGINEERING CORPORATION v. SAME (Two Appeals In One Record)

Court of Appeals of Maryland.

Decided July 12, 1956.

Attorney(s) appearing for the Case

F. Clifford Hane, Assistant City Solicitor of Baltimore, with whom were Thomas N. Biddison, City Solicitor, and Edwin Harlan, Deputy City Solicitor, on the brief for Mayor and City Council of Baltimore and Board of Estimates of Baltimore; and R. Samuel Jett and Paul F. Due, with whom were W. Hamilton Whiteford and R. Frederick Jett on the brief, for Brooklyn Engineering Corporation, appellants.

Harry N. Baetjer and Richard W. Emory for appellee.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

HAMMOND, J., delivered the opinion of the Court.

The Bureau of Highways of the Mayor and City Council of Baltimore issued a notice of letting of a contract for the construction of the Jones Falls Expressway storm water conduits and, in response, DeLuca-Davis Construction Co., Inc., the appellee, submitted a bid that by reason of clerical error was at least $589,880.00 less than it intended it to be, and some $700,000.00 less than the engineer's estimate and the

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