Durkee

By this proceeding Charles L. Harney, Inc., hereafter referred to as Harney Company, low bidder on a public improvement under the supervision of the department of public works, seeks to compel the director of that department, by writ of mandate, to award the contract to it after the director had rejected all bids and issued a call for new bids. The trial court determined that the director, in rejecting all bids, had acted arbitrarily and capriciously and had abused the discretion vested in him by law. It ordered the director to award the questioned contract to Harney Company, and enjoined the readvertisement for new bids. The director appeals.

It should be noted that during the periods here involved Charles Purcell was director of public works and Frank B. Durkee was deputy director of the department. Purcell was ill and Durkee was acting as director. Purcell has since died, Durkee has been appointed director, and has been properly substituted as appellant in this ease.

The record discloses the following: On March 16, 1951, pursuant to the terms of the State Contract Act (Gov. Code, §§14250 to 14424), the state advertised for bids for the construction of a section of the…