ORBIN-DYKES ELECTRIC COMPANY V. BURR
18 Ariz. App. 101 (1972)
NATURE OF THE CASE: Corbin (P) appealed a summary judgment for Burr (D) in P's action for
breach of contract.
FACTS: General Motors requested bids from general contractors to construct a central
air-conditioning plant. D was interested in the contract and received bids for the
electrical subcontract. P bid. D incorporated P's subcontract bid, which was the low bid,
into his general contract bid and submitted it to GM. All bids were rejected and the project
was rebid. The second bid submitted by D also included the P subcontract bid; however, prior
to submitting the second bid, D had received another bid from Sands Electric Company which
matched P's bid but also provided that, in the event Sands could work the proposed project
in conjunction with its current project at the proving grounds, they would reduce their
subcontract bid by $4000. D was awarded the general contract, and accepted Sands' bid for
the electric subcontract as the low bid. P sued D for breach of subcontract. D moved for
summary judgment, which was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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