# American Totalisator Co., Inc. v. Seligman

> Supreme Court of Pennsylvania · May 30, 1980 · 489 Pa. 568

URL: https://www.frixlaw.com/law-library/cases/9648746

## Case

- **Full name:** AMERICAN TOTALISATOR COMPANY, INC., Appellant, v. Charles S. SELIGMAN Et Al., and Control Data Corporation
- **Court:** Supreme Court of Pennsylvania
- **Decided:** May 30, 1980
- **Citations:** 489 Pa. 568; 414 A.2d 1037; 1980 Pa. LEXIS 680
- **Precedential status:** Published
- **Opinion:** Dissent by Larsen
- **Judges:** Eagen, C.j, and O'brien, Roberts, Nix, Larsen and Flaherty
- **Cited by:** 60 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/9648746

## How later opinions describe it (automated extraction)

- holding state entity that acted as if it was soliciting competitive bidding on a contract must follow specified bidding procedures for that contract
- finding judicial intervention warranted where the Commonwealth failed to follow its own solicitation terms, undermining the benefits of competitive bidding
- observing that "principles of municipal law forbid the substitution of judicial discretion for administrative discretion”

## Opinion text

*578 LARSEN, Justice,
dissenting.
I dissent. Even the majority recognizes that judicial intervention was proper because “the elementary principles of competitive bidding had been violated when Control Data was allowed to ‘clarify’ its bid after American Totalisator’s bid had been opened.” However, I disagree with the majority’s conclusion that the chancellor acted properly in ordering the submission of new bids since American Totalisator had in fact been the lowest responsible bidder; and, as such, I would now award the contract to American Totalisator. Additionally, I would compel Control Data to disgorge its profits to the Commonwealth.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9648746. Public record. Not legal advice.