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Contracts Keyed to Summers
Southwest Engineering Co. v. Martin Tractor Co.
Citation:
205 Kan. 684, 473 P.2d 18Facts
Southwest Engineering Company (“Southwest”) (plaintiff) was interested in submitting a bid for the construction of a runway lighting facility at an air force base. Before submitting a bid, Southwest contacted Martin Tractor Company (“Martin”) (defendant) to request a price quote for a standby generator and accessory equipment. Martin quoted a price of $18,500. Using this quoted figure, Southwest submitted a bid for $18,500. Its bid was accepted and Southwest notified Martin of the acceptance. When the parties met on April 28th, Martin increased its quote for the generator and equipment from $18,500 to $21,500. Southwest still agreed to purchase the generator and equipment for the increased price of $21,500. The parties wrote the details of the sale on a handwritten memorandum, which did not set forth the terms of payment. Martin later refused to make the sale. As a result, Southwest had to secure a different generator and equipment at a price of $27,541. Southwest sued Martin for breach of contract.
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