JAMES BAIRD CO. V. GIMBEL BROS., INC.
64 F.2d 344 (2d Cir. 1933)
NATURE OF THE CASE: This was an appeal from the District Court of the United States for the Southern District of New York, in which court directed verdict for Gimbel (D), merchant after Baird (P), contractor sued for breach of contract.
FACTS: D, a New York merchant, knew that the Department of Highways in Pennsylvania had asked for bids for the construction of a public building. D underestimated the total yardage by about one-half the proper amount. In ignorance of this mistake, D sent to some twenty or thirty contractors an offer to supply all the linoleum required by the specifications at two different lump sums, depending upon the quality used. P, a contractor in Washington, got one of the offers on the twenty-eighth, and on the same day D learned its mistake and telegraphed all the contractors to whom it had sent the offer, that it withdrew it and would substitute a new one at about double the amount of the old. This withdrawal reached P on the afternoon of the same day, but not until after P had put in a bid based as to linoleum upon the prices quoted by D. P's bit was accepted on December thirtieth. D had also written a letter of confirmation of its withdrawal, received on the thirty-first. P formally accepted the offer on January second, and, D persisted in declining to recognize the existence of a contract. P sued D for damages on a breach. The judge ruled for. D; there was no contract. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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