Legal Opinion

B.D. Holt Co. v. OCE, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided March 31, 1998No. 04-96-00988-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

RICKHOFF, Justice.

This case turns on what constitutes the defense of remediable mistake in the supplier-subcontractor context.

B.D. Holt Co.’s bid for a unique back-up generator set was used by OCE in figuring its bid for the electrical subcontracting work on a building at the University of Texas. Holt’s bid contained what it characterizes as a typographical error; as a result, its offer to supply the generator motor was $100,000 short. After OCE’s bid was submitted to Spaw Glass Contractors and other general contractors, but just before it was selected as the winning bid, Holt…

2Cases cited8 opinions

  1. Sterner v. Marathon Oil Co.Texas Supreme Court · 1989
  2. James T. Taylor & Son, Inc. v. Arlington Independent School DistrictTexas Supreme Court · 1960
  3. Traco, Inc. v. Arrow Glass Co., Inc., Texas Court of Appeals, 4th District (San Antonio)1991
  4. Henry S. Miller Management Corp. v. Houston State Associates, Texas Court of Appeals, 1st District (Houston)1990
  5. General Resources Organization, Inc. v. Deadman, Texas Court of Appeals, 4th District (San Antonio)1995

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Chimney v. State, Texas Court of Appeals, 10th District (Waco)1999
  2. Navasota Resources, L.P. v. First Source Texas, Inc., Texas Court of Appeals, 10th District (Waco)2008
  3. Insurance Distribution Consulting, LLC v. Freedom Equity Group, LLCDistrict Court, S.D. Texas · 2022
  4. Navasota Resources, L.P. v. First Source Texas, Inc., First Source Gas, LP, Gastar Exploration Texas, LLC F/K/A Bossier Basin, LLC, First Texas Gas, LP, First Source Bossier LLC, Gastar Exploration, LTD., Chesapeake Energy Corp., Chesapeake Exploration LP & Chesapeake Operating. Inc, Texas Court of Appeals, 10th District (Waco)2008

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