Contracts Keyed to Murphy
SKB Industries, Inc. v. Insite
After some deliberation, the parties realized that SKB was relying on using cheaper materials than the plan called for and the parties were allowed to revise their bids. Insite revised its bid to encompass the higher costing materials, but SKB did not agree to the final project and refused to do the landscaping. SKB contended that it was not subject to a binding agreement because it did not agree to the final bid as it stood and that Insite was aware that SKB had initially intended to use less expensive materials. After Insite took on the landscaping on its own, SKB later agreed to do partial landscaping, but put in their agreement that it they would not agree to do the full landscaping job. After the project was complete, Insite brought suit for reliance damages, based on the concept of promissory estoppel. The trial court allowed Insite to pursue this claim, and SKB appealed.
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