ELSINORE UNION ELEMENTARY SCHOOL DISTRICT V. KASTORFF, Supreme Court of CA, 1960

Document Sample
ELSINORE UNION ELEMENTARY SCHOOL DISTRICT V. KASTORFF, Supreme Court of CA, 1960 Powered By Docstoc
					ELSINORE UNION ELEMENTARY SCHOOL DISTRICT V. KASTORFF, Supreme Court of CA, 1960 History: Judgment for Elsinore Union Elementary School District; Kastorff appeals Facts: Kastorff (Defendant) a contractor, submitted a bid for construction work on a school; Elsinore (Plaintiff) opened the bid and finding that it was substantially less than the others asked Kastorff is his figures were correct and Kastorff said yes, although he didn’t have his worksheets to refer to; after a vote by Elsinore to accept Kastorff’s bid, Kastorff discovered he had not included $6500 for plumbing; he promptly notified Elsinore and asked to withdraw his bid; Elsinore refused and asked Kastorff to sign the written contract; he refused and Elsinore sued Issue: Whether Kastorff is entitled to rescission where Elsinore Union had an irrevocable option to accept Kastorff’s big, but learned of his mistake of computation before accepting. Holding: Yes—judgment for Elsinore reversed Analysis: B/c there was an honest clerical error in the bid and defendant quickly rescission, defendant is not obliged to execute the contract Not all carelessness constitute a “neglect of legal duty’ w/in the meaning of the section that says “even if we assume that the error was due to some carelessness, it does not follow that the company is w/out remedy” It would be unfair and unjust to allow the city to take advantage of the company’s mistake