Legal Opinion

Montgomery Industries International, Inc. v. Thomas Construction Company, Inc. Of Missouri and the Travelers Indemnity Company

Court of Appeals for the Fifth Circuit

Decided June 26, 1980No. 79-1367PublishedCited by 13 opinions

1Opinion of the Court

GARZA, Circuit Judge:

This is a diversity of citizenship case involving a dispute between a general contractor and a subcontractor. The dispute concerns the revocability of the subcontractor’s bid to the general contractor when the general contractor uses the subcontractor’s bid in formulating its own bid to another. Although involving basic principles of contract law, such as, offer, acceptance, and consideration, the reasoning and results of similar cases in various states have not been uniform. Additionally, the law of the state which controls this case, Texas, is not well settled since no…

2Cases cited11 opinions

  1. " MOORE" BURGER, INC. v. Phillips Petroleum CompanyTexas Supreme Court · 1972
  2. Wheeler v. WhiteTexas Supreme Court · 1965
  3. Drennan v. Star Paving Co.California Supreme Court · 1958
  4. Trinity Universal Insurance Co. v. Ponsford Bros.Texas Supreme Court · 1968
  5. Hidalgo County v. PateCourt of Appeals of Texas · 1969

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3Cited by13 opinions

  1. Preload Technology, Inc. v. A.B. & J. Construction Company, Inc.Court of Appeals for the Fifth Circuit · 1983
  2. Doctors Hospital 1997, L.P. v. Sambuca Houston, L.P., Texas Court of Appeals, 14th District (Houston)2005
  3. Hoel-Steffen Construction Co. v. United StatesUnited States Court of Claims · 1982
  4. APAC-Southeast, Inc. v. Coastal Caisson Corp.District Court, N.D. Georgia · 2007
  5. Foley Co. v. Warren Engineering, Inc.District Court, N.D. Georgia · 1992

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