ELSINORE UNION ELEMENTARY SCHOOL DISTRICT V. KASTORFF
353 P.2d 713 (1960)
NATURE OF THE CASE: Kastorff (D), contractor and his surety, appealed from a judgment
awarding damages to Elsinore (P), school district in an action to recover damages for D's
refusal to perform after his low bid was accepted.
FACTS: Elsinore Union Elementary School District (P) invited contractors to prepare bids
for additions to the district's school buildings. Kastorff (D), a building contractor,
prepared worksheets using bids from various subcontractors. The first sub-bid D received for
plumbing was for $9,285. D thought that he wrote it down on the sheet, but he did not. When
D got a lower bid of $6,500 for the plumbing work, he subtracted $3,000 from the total
amount of his bid. D's total bid of $89,994 included no allowance for the plumbing work. D's
bid was the lowest by $11,306. The school board inquired if the bid was correct. D affirmed
that his bid was correct after he asked his clerical assistant, who assured him that it was.
D was awarded the contract. D discovered the error the very next day. D rescinded the bid. P
then awarded the contract to P. P returned it and again explained his error and asked for
reconsideration. P refused to release D. The school board then took new bids and awarded the
contract to the next lowest bidder ($102,900). P sued D for the difference between the two
bids. P also sought a recovery of $4,499.60 against D's surety under the terms of the bond
posted with his bid. The trial court awarded P the damages it sought. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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