BALABAN-GORDON CO. v. BRIGHTON SEW. DIST.


41 A.D.2d 246 (1973)

Balaban-Gordon Company, Inc., Respondent, v. Brighton Sewer District No. 2 et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 13, 1973.


Attorney(s) appearing for the Case

Branch, Van Voorhis & Wise (Charles S. Turner of counsel), for appellants.

Leslie Hynes (William D. Powers of counsel), for respondent.

DEL VECCHIO, J. P., WITMER, MOULE and CARDAMONE, JJ., concur.


SIMONS, J.

This appeal questions the right of a contractor to withdraw its bid on a public construction contract because of a unilateral mistake in interpreting the engineers' specifications concerning equipment to be included in the bid price.

A bid is a binding offer to make a contract. It may be withdrawn in the case of unilateral mistake by the bidder where the mistake is known to the other party...

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