May 17, 2014

Drennan v. Star Paving - 51 Cal. 2d 409, 333 P.2d 757 (1958)

FACTS: Defendant submitted a bid for paving to general contractor plaintiff and the Plaintiff submitted a bid using D's figure.  D then wouldn't perform saying the figures were wrong.

HISTORY: Superior court judgment for the plaintiff.

ISSUE: Was there a contract?


RATIONALE: When P used D's offer in computing his own bid, he bound himself to perform in reliance on D's terms.  D had reason not only to expect P to rely on its bid but to want him to  It presented its bid with knowledge of the substantial possibility that it would be used by P.