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Contracts Keyed to Frier
New England Insulation Co. v. General Dynamics Corp.
Citation:26 Mass. App. Ct. 28, 522 N.E.2d 997 (1988)
Defendant solicited bids to insulate natural gas tanks. Defendant represented that the submitted bids would be kept in a locked file and would not be opened until after the bid-closing date. Plaintiff submitted a bid. Before the bid-closing date, Defendant showed Plaintiff’s bid to another company that was later awarded the contract. Plaintiff sued Defendant for breach of an implied contract and misrepresentation, arguing that Defendant solicited bids knowing that the contract would be awarded to the other company without considering any of the other bids. Plaintiff sought damages including lost profits. The trial court dismissed Plaintiff’s complaint. Plaintiff appealed.
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