Contracts Keyed to Murphy
James Baird Co. v. Gimbel Brothers, Inc.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
After receiving Defendant’s quote for linoleum, the Plaintiff used it in compiling its bid which was presented to the Pennsylvania Department of Highways for construction of a new public building. Defendant realized that it had been misquoted the specifications for the building and telegraphed the plaintiff, notifying them of their mistake and withdrawing their linoleum quote. At the same time, the Department of Highways accepted Plaintiff’s bid for the project. Plaintiff sought performance from Defendant based on the fact they used their quote in formulating their bid and thus partially performed, which they argued manifested assent. Defendant contended that it withdrew its quote and because they could not have known that Plaintiff’s bid was accepted in reliance of their quote, the quote was merely an offer which was revocable because it was not properly accepted. The trial court found for the Defendant, agreeing that no contract existed. Plaintiff appealed.
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