C. R. Fedrick, Inc. v. Sterling-Salem Corporation

MERRILL, Circuit Judge, with whom BROWNING, Circuit Judge, joins,

concurring :

I concur in Judge Real’s opinion for additional reasons.

California law controls this diversity case.1 The California courts have recognized the principles of the original section 90 in holding that when a contractor (promisee), in submitting a construction bid, relies upon the offer of a subcontractor (promisor) to perform part of the work, that reliance makes the subcontractor’s offer irrevocable, see Drennan v. Star Paving Co., 51 Cal.2d 409, 333 P.2d 757 (1958), at least for a reasonable time, see H. W. Stanfield…