Gauger

Action by plaintiff to recover damages by reason of failure and refusal of the defendant to enter into a contract for the doing of certain plastering on a certain building being erected by the plaintiff according to the bid for doing such work presented by the defendant to the plaintiff. The defendant had judgment and the plaintiff appeals.

The record shows that on or about June 29, 1923, the appellant Plerbert E. Gauger, a building contractor, having requested bids for plastering work on a certain building called the California Christian College Dormitory, then being erected by the appellant, received a bid from the defendant for doing such work. The complaint alleges the calling for bids; the receiving of bids; that the defendant’s bid was the lowest responsible bid received, was accepted by the plaintiff, and the refusal thereafter of the defendant to enter into the contract. The bid received from the defendant Ed West-berg was addressed to the Gauger Construction Company, but was delivered to and received by the plaintiff Herbert E. Gauger. At the time of receiving the bid, the plaintiff Herbert E. Gauger and one David S. Lockwood were co-partners doing business • under the…