Elsinore Union Elementary School District of Riverside County v. Kastorff

Defendants, who are a building contractor and his surety, appeal from an adverse judgment in this ac tion by plaintiff school district to recover damages allegedly resulting when defendant Kastorff, the contractor, refused to execute a building contract pursuant to his previously submitted bid to make certain additions to plaintiff’s school buildings. We have concluded that because of an honest clerical error in the bid and defendant’s subsequent prompt rescission he was not obliged to execute the contract, and that the judgment should therefore be reversed.

Pursuant to plaintiff’s call for…