Balaban-Gordon Co. v. Brighton Sewer District No. 2
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSimons, J.
This appeal questions the right of a contractor to withdraw its bid on a public construction contract because of a unilateral mistake in interpreting the engineers’ specifications concerning equipment to be included in the bid price.
A bid is a binding offer to make á contract. It may be withdrawn in the case of unilateral mistake by the bidder where the mistake is known to the other party to the transaction and (1) the bid is of such consequence that enforcement would be unconscionable, (2) the mistake is material, (3) the mistake occurred despite the exercise of ordinary care by the bidder…
2Cases cited13 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- State of Connecticut v. FH McGraw & Co.District Court, D. Connecticut · 1941
- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
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3Cited by30 opinions
- Westinghouse Electric Corp. v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
- Le Cesse Bros. Contracting, Inc. v. Town Board of WilliamsonAppellate Division of the Supreme Court of the State of New York · 1978
- Powder Horn Constructors, Inc. v. City of FlorenceSupreme Court of Colorado · 1988
- E. Williamson Roofing & Sheet Metal Co. v. Town of ParishAppellate Division of the Supreme Court of the State of New York · 1988
- King & Son, Inc. v. De Santis Construction No. 2 Corp.New York Supreme Court · 1977
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