James Baird Co. v. Gimbel Bros., Inc.

James Baird Co. v. Gimbel Bros., Inc. - Contracts 9/12...

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Contracts 9/12 Mutual Assent James Baird Co. v. Gimbel Bros., Inc., 2 nd Circuit Court of Appeals, 1933 Facts : The Pennsylvania Department of Highways asked for bids for the construction of a public building. Defendant knew this and sent an employee to look at the specifications. The employee underestimated the amount of linoleum required by ½. Not knowing of this mistake, defendant sent an offer to contractors likely to bid on the project to supply all of the linoleum required at lump sums (Dec. 24). The letter said: “If successful in being awarded this contract, it will be absolutely guaranteed… and we are offering these prices for reasonable prompt acceptance after the general contract has been awarded.” The plaintiff got this letter on the 28 th , and on the same day, defendant learned of its mistake and telegraphed all the contractors that it would withdraw the offer and replace it with a new price. The telegraph reached the plaintiff after it had already placed a bid. The
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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James Baird Co. v. Gimbel Bros., Inc. - Contracts 9/12...

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