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Contracts Keyed to Calamari
Southwest Engineering Co. v. Martin Tractor Co., Inc.
Facts
The Plaintiff, Southwest Engineering Co. (the "Plaintiff"), is a general contractor. The Defendant, Martin Tractor Co. (the "Defendant") was a subcontractor. The Plaintiff was interested in April 1966, in submitting a bid to the United States Corps. of Engineers to construct certain runway lighting facilities at an air force base. Prior to submitting their bid, on April 11, 1966, Mr. R.E. Cloepil ("Mr. Cloepil"), an employee of the Plaintiff called Mr. Ken Hurt ("Mr. Hurt"), an employee of the Defendant to ascertain the price of a standby generator and accessory equipment. On April 12, 1966, Mr. Hurt called Mr. Cloepil and told him the price would be $18,500. On April 14, 1966, the Plaintiff submitted their bid, which included the $18,500 figure quoted by Mr. Hurt. The Plaintiff was notified on April 20, 1966 that their bid was accepted. During a meeting on April 28, 1966, Mr. Hurt, speaking for the Defendant, raised the price of the generator to $21,500. Mr. Cloepil on behalf of the Plaintiff assented to this change. The parties never agreed to how payment was to be made. Then, in a letter from Mr. Hurt to Mr. Cloepfil dated May 24, 1966, Mr. Hurt informed the Plaintiff that they could not proceed with the sale and that the verbal quote was withdrawn.
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