West

This is an appeal from a judgment in favor of the defendants, and from an order denying a new trial.

The facts of the case are these: The city of Oakland being about to construct a jail in the upper stories of its city hall, advertised for bids for furnishing and installing said jail. It is conceded that in all respects the legal steps leading up to the award of the contract for such jail construction were duly and regularly taken. In the call for bids the council directed the attention of prospective bidders to the plans and specifications of the proposed work, and required that all bids should be prepared and submitted in accordance therewith. A very material element in the mechanical construction of a modem jail is the locking device; and with reference to this portion of the furnishings to be bid upon, the plans and specifications provided that “The locking device should be simple in construction and operation and entirely free from complicated parts liable to unusual wear. The device shall have positive lever action; shall have indexes indicating the number of each cell so that the operator can set with the lever each door or the entire bank of cells, which shall then with a…