Architects & Contractors Estimating Service, Inc. v. Smith

Opinion

BUTLER, J.

Architects & Contractors Estimating Service, Inc., dba Charles Noble Company (Noble) appeals a judgment in favor of Harold H. Smith, Jr., dba Environmental Systems in a corporate and individual capacity (Smith), denying Noble damages for Smith’s refusal to perform a subcontract. We shall hold Smith’s consent to the contract was vitiated by his mistake of fact and Noble’s fraud in intentionally concealing the cost of the subcontracted work and affirm.

I

On February 25, 1982, Noble contracted with the United States Navy to remodel the engine maintenance shop at El Toro Marine…