Moffett, Hodgkins & Clarke Co. v. Rochester
Supreme Court of the United States
CERTIORARI TO THE COURT OE APPEALS FOR THE SECOND CIRCUIT. This suit grows out of alleged errors in the proposals of the complainant for the execution of certain improvements conducted by the city of Rochester, New York. The proposals of the complainant were accepted, but it declined to enter into a contract in accordance therewith, on the grounds hereafter stated, and the city., it is claimed, threatened to enforce the bond given with the proposals.
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CERTIORARI TO THE COURT OE APPEALS FOR THE SECOND CIRCUIT. This suit grows out of alleged errors in the proposals of the complainant for the execution of certain improvements conducted by the city of Rochester, New York. The proposals of the complainant were accepted, but it declined to enter into a contract in accordance therewith, on the grounds hereafter stated, and the city., it is claimed, threatened to enforce the bond given with the proposals. The bill prays for a reformation of the proposals to conform to the asserted intention in making them and their execution as reformed, or their…
1Opinion of the CourtJustice McKenna
Both of the lower courts agree that there was a mistake. The Circuit Court said that the proof of it was “ clear, explicit and undisputed.” The Circuit Court of Appeals, while expressing no dissent as to the fact, said “ that one-of the alleged mistakes, that in respect to the tunnel excavation, was not a mistake in any legal sense, but was a negligent omission arising from an inadequate calculation of the cost of the work.”
We do not think the negligence was sufficient to preclude a claim for relief if the mistakes justified it.
This court said in Hearne v. Marine Insurance Company, 20 Wall.…
2Cases cited1 opinion
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
3Cited by129 opinions
- Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
- M. F. Kemper Construction Co. v. City of Los AngelesCalifornia Supreme Court · 1951
- Donovan v. RRL Corp.California Supreme Court · 2001
- Lopinto v. HainesSupreme Court of Connecticut · 1981
- United States v. JonesCourt of Appeals for the Ninth Circuit · 1949
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