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Contracts Keyed to Burton
Drennan v. Star Paving Co.
Citation:
51 Cal. 2d 409, 333 P.2d 757ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Drennan (plaintiff) solicited bids from various subcontractors to do paving work for a school construction project. Drennan’s secretary solicited the bids by phone. Star Paving Co. (hereinafter “Star Paving”) (defendant) submitted a bid for $7,131.60. Star Paving’s bid proved to be the lowest and the company was afforded the contract. The day after, Star Paving stopped at Drennan’s office and stated they had made a mistake in their bid and could not do the paving work for less than $15,000. Drennan spent months trying to get another bid and finally found a firm to do the work for $10,948.60. The trial court entered judgment for Drennan for the difference between Star Paving’s bid and the actual cost of the paving done by another firm. Star Paving appealed, arguing it had made a revocable offer prior to Drennan’s communication of acceptance.
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