Drennan v. Star Paving Co.

Drennan v. Star Paving Co. - Sub(D claims that he revoked...

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Page: 225 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Drennan v. Star Paving Co. Sup Ct of Calif (1958) J. Traynor Contractor brought action against paving subcontractor to recover damages because of sub’s refusal to perform paving according to bid. Trial ct. verdict for contractor and sub appealed. D.’s estimator submitted a bid for paving($7,131.60). Contractor included it on his bid and got the job. The next day, the sub told P. that he could do it for no less than ($15,000) before the P. had a chance to tell him that he got the bid. P. got another sub to do it for $10,948.60. Trial ct awarded P. $3,817.00, or the difference in the bids plus costs.
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Unformatted text preview: Sub (D.) claims that he revoked the offer prior to acceptance. Plaintiff contends that he relied on the sub bid to his detriment. Ct. cited Restatement sec. 90 (see book) that P. relied on D.’s bid and that consideration was not necessary for enforcement. When a Gen. Contractor relies on a sub’s bid but the sub later declines to perform, does that refusal constitute a breach of contract? Yes A subcontractor is bound by promissory estoppel when submitting a bid to a general contractor if there is reasonable and foreseeable reliance....
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Drennan v. Star Paving Co. - Sub(D claims that he revoked...

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