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Tyra v. Cheney

Minnesota Supreme Court

152 N.W. 835 (1915)

Relevant factsFree

Tyra (plaintiff) submitted an informal oral bid as subcontractor on a school repair job after missing the formal deadline, was told to submit a formal bid anyway, and did so but mistakenly omitted an approximately $1,000 item from that formal bid; general contractor Cheney (defendant) secured Tyra's bid and had him begin work, but later denied ever receiving Tyra's earlier informal bid when Tyra sued to recover the $1,000 omitted from his formal bid. The jury found for Tyra, and Cheney's post-trial motions for judgment notwithstanding the verdict or a new trial were denied; Cheney appealed.

IssueFree

Whether two parties can enter into a binding agreement when one party is aware of and seeks to take advantage of the other party's mistake with regard to the contract.

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