SOUTHERN CALIFORNIA ACOUSTICS CO., INC. V. C.V. HOLDER, INC.
456 P.2d 975 (1969)
NATURE OF THE CASE: This was a dispute over a contract bid. Southern (P) filed an action
against Holder (Ds) school district and defendant general contractor seeking to recover for
breach of contract, breach of statutory duty, and negligence in connection with a public
contract. The lower court dismissed the action, and P appealed.
FACTS: Southern (P) submitted a telephone bid to C.V. (D) for furnishing and installing
acoustical tile on a public construction job. D sued that bid on his prime contract. P was
listed on that bid as required under law. D was awarded the contract and P found out about
the award through trade papers. P then refrained from bidding other jobs in order to remain
within its bonding limits. D then requested a substitution of P from the contract and it was
granted by the school district. D claims that P was inadvertently listed in place of the
intended subcontractor. P then sought a writ of mandamus to change the subcontractor
designation back to what was previously listed. That proceeding was dismissed and P did not
appeal. P then sued D for damages. D demurred and that was sustained. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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