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Contracts Keyed to Ayres
James Baird Co. v. Gimbel Brothers, Inc.
Citation:
64 F.2d 344.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Defendant (Gimbel Brothers, Inc.) discovered that the Department of Highways in Pennsylvania was asking for bids for the construction of a public building and acquired an estimate for the amount of linoleum needed for the whole job. The employee there underestimated the amount needed by half. The Defendant then sent out offers with a quote based on the incorrect amount to several contractors that might bid on the construction job. The Plaintiff (James Baird, Co.), a construction company, received the quote, and soon after put in a bid for the construction project relying on the incorrect quote. However, Defendant realized its mistake, and sent a notice followed by a written letter to all the contractors, including Plaintiff, that it was withdrawing its offer. The Plaintiff was later awarded the construction contract and sought to enforce the performance of the incorrect quote.
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