Triple A Contractors, Inc. v. Rural Water District No. 4, Neosho County
Kansas Supreme Court
603 P.2d 184 (1979)
Relevant factsFree
Triple A's (plaintiff) construction bid, submitted with a required 5% bid bond, was $169,079.50 lower than the next bid due to a clerical error discovered days after bid opening; Triple A notified Rural Water's (defendant) engineer of the error and requested to withdraw its bid before the board formally accepted it weeks later, but the trial court held the unilateral mistake did not excuse nonperformance.
IssueFree
Whether, absent fraud, a unilateral mistake excuses the nonperformance of a contract.