First Baptist Church of Moultrie v. Barber Contracting Co.
Court of Appeals of Georgia
377 S.E.2d 717 (1989)
Barber Contracting (defendant) submitted a construction bid of $1,860,000, backed by a $93,000 bid bond, to First Baptist Church of Moultrie (plaintiff), which awarded Barber the contract. The next day, Barber discovered a calculation error understating the true cost by $143,120 (about 7% of the bid) and notified the church within days, attempting to withdraw the bid before any contract was signed. When the church nonetheless sent a contract based on the original mistaken price, Barber refused to sign, and the church awarded the project to the next-lowest bidder at a higher price, then sued Barber for the $93,000 bid bond.
Whether the principles of equity allow a contract to be rescinded on a unilateral mistake where it would be unconscionable to enforce the contract.