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Contracts Keyed to Fuller
Allen M. Campbell Co., General Contractors, Inc. v. Virginia Metal Industries, Inc.
Citation:
708 F.2d 930 (4th Cir. 1983)Facts
On August 11, 1981, approximately 30 minutes before the deadline for submitting bids on a Department of Navy contract for housing at Camp LeJeune, Virginia Metal telephoned Campbell and quoted a price of $193,121 plus taxes for hollow metal doors and frames required by the project specifications. Campbell relied on this quote in calculating its bid and was subsequently awarded the Navy contract. After winning the contract, Campbell discovered that Virginia Metal would not honor its quoted price. As a result, Campbell had to obtain the doors and frames from another supplier at a cost of $45,562 more than Virginia Metal’s quoted price. Campbell sued Virginia Metal for this difference, but Virginia Metal argued that there was no enforceable contract because Campbell had not promised to purchase from Virginia Metal if it won the bid, and because the agreement was not in writing as required by the UCC’s statute of frauds.
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