TaiLexi AI U.S. Case Law

Gosselin's Dairy, Inc. v. School Committee

Gosselin's Dairy, Inc. v. School Committee of Holyoke

Gosselin's Dairy, Inc. v. Sch. Comm., 205 N.E.2d 221 (Mass. 1965)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
March 1, 1965
Citations
205 N.E.2d 221348 Mass. 793

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Order for judgment affirmed. A judge of the Superior Court

ordered that a writ of certiorari to review action of the school committee be dismissed. Gosselin’s Dairy, Inc. (Gosselin’s) appealed. The committee advertised for written bids to supply milk during the school year, 1964-1965, reserving the right to reject any bids. Gosselin’s, which has its principal office in Chicopee, submitted a bid estimated to cost the city $65,650. The award was made to a firm, which submitted a bid estimated to cost the city $67,210. That firm was “located in Holyoke.” The sole question is whether the award must be to the lowest responsible and eligible bidder because of G. L. c. 30, § 39M (inserted by St. 1963, c. 842, § 1, entitled “An Act to require that all contracts for construction and for materials be awarded to the lowest responsible and eligible bidder, and to assure full competition in the taking of bids for such contracts”). In context § 39M (e) defining “material” as “any article, assembly, system, or any component part thereof,” must be interpreted as referring only to materials used in the construction, alteration, or repair of any public work. See 1963 Senate Doe. No. 563 and House Doc. No. 3470. The balance of § 39M is principally devoted to public works construction. We hold that this award was governed by G. L. e. 40, § 4B (as amended through St. 1960, c. 592, § 1), which refers to contracts “for the purchase of equipment, supplies or materials” and does not require award to the lowest responsible bidder. The arguments advanced by Gosselin’s, to show that in the public interest a requirement like that in § 39M should apply to municipal purchases of supplies like milk, must be addressed to the Legislature. We hold that by § 39M the Legislature as yet has not imposed such a requirement.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 21977: 11980: 21996: 119752026peak 1975 · 2

Relies on it most ⓘ

  1. Andover Consultants, Inc. v. City of Lawrence406 N.E.2d 711 (Mass. App. Ct. 1980)
  2. Datatrol Inc. v. State Purchasing Agent400 N.E.2d 1218 (Mass. 1980)
  3. Commonwealth v. Gill363 N.E.2d 267 (Mass. App. Ct. 1977)
  4. Thorn Transit Systems International, Ltd. v. Massachusetts Bay Transportation Authority667 N.E.2d 881 (Mass. App. Ct. 1996)
  5. Sears, Roebuck & Co. v. School Committee331 N.E.2d 551 (Mass. App. Ct. 1975)
  6. Stanley Roketenetz, Inc. v. Town of Stoneham322 N.E.2d 438 (Mass. App. Ct. 1975)

Most recent

  1. Thorn Transit Systems International, Ltd. v. Massachusetts Bay Transportation Authority667 N.E.2d 881 (Mass. App. Ct. 1996)
  2. Andover Consultants, Inc. v. City of Lawrence406 N.E.2d 711 (Mass. App. Ct. 1980)
  3. Datatrol Inc. v. State Purchasing Agent400 N.E.2d 1218 (Mass. 1980)
  4. Commonwealth v. Gill363 N.E.2d 267 (Mass. App. Ct. 1977)
  5. Sears, Roebuck & Co. v. School Committee331 N.E.2d 551 (Mass. App. Ct. 1975)
  6. Stanley Roketenetz, Inc. v. Town of Stoneham322 N.E.2d 438 (Mass. App. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list