E.A. Coronis Associates v. M. Gordon Construction Co.

90 N.J. Super. 69, 216 A.2d 246 (1966)

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Nature of the Case

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Facts

E.A. (P) sued Gordon (D) on three contracts. D admitted liability but counterclaimed for a breach of contract to supply and erect structural steel on one of its projects. D was the general contractor, and it sought bids from subs of which one of them was P. P bid the project orally and then by letter dated April 22, 1963. Bids were opened on April 19 and D was the lowest bidder. D's contract was awarded May 27 and during this period D never accepted the bid offer of P. On June 1 P sent a telegram that it must withdraw its bid. P never performed and D employed Elizabeth Iron Works and sued for damages between the contract prices. D contends that the April 22 letter was an offer and that P had no right to withdraw it under promissory estoppel and or under the UCC. Summary judgment was given to P and D appealed. (The UCC argument was invalid because the signed writing gave no assurances that it would be upheld.)