Prosper Contracting Corp. v. Board of Education

Special Term granted plaintiff summary judgment with an assessment of its damages. I would affirm.

Defendant advertised for bids to rebuild a chimney for a public school. When plaintiff’s $9,400 bid was found to be lowest, defendant by certified mail ‘ ‘ directed ’ ’ plaintiff ‘ ‘ to proceed immediately ’ ’ with the performance of the work (letter, Sept. 18, 1969). The need for speed was emphasized by the sentence in the letter reading: “ It is imperative that this work be undertaken immediately and progressed expeditiously. ’ ’ The *283letter was subscribed by the Director of the Bureau of…