# State ex rel. Black v. Board of Education

> Ohio Circuit Courts · January 15, 1895 · 13 Ohio C.C. 603

URL: https://www.frixlaw.com/law-library/cases/9289123

## Case

- **Full name:** STATE EX REL. BLACK v. THE BOARD OF EDUCATION
- **Court:** Ohio Circuit Courts
- **Decided:** January 15, 1895
- **Citations:** 13 Ohio C.C. 603
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Smith
- **Judges:** Cox, Smith, Swing
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9289123

## Opinion text

Smith, J.
We held that an alternative writ of mandamus should not be allowed in this case, for the reason that, by the advertisement made for bids, the right was reserved to the board “to reject any and all bids, ” and that in fact it did reject the bid of the relator, and he has no right to the contract. If an advertisement was necessary, the statute, section 3988, gives the board such right to reject. If it is not required, it had the right to make such stipulations as it chose. In this the case differs from those decided in 19 Ohio St., 97 , and 81 Ohio St., 415 , in which the statutes under which the proceedings were had required the contract to be made with the lowest bidder. Writ refused.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9289123. Public record. Not legal advice.