First Baptist Church of Moultrie v. Barber Contracting Co.
Court of Appeals of Georgia
377 S.E.2d 717 (1989)
First Baptist Church of Moultrie (First Baptist) (plaintiff) was soliciting bids for a construction project. Each bid had to be accompanied by a bid bond amounting to 5% of the bid. Barber Contracting Company (Barber) (defendant) submitted a bid for $1,860,000 with a 5% bond of $93,000. First Baptist awarded Barber the contract on May 15, 1986. On May 16, 1986, Barber informed First Baptist that Barber had made a mistake in calculating the bid and the cost was actually $143,120 higher. On May 20, 1986, Barber attempted to withdraw the bid. On May 29, 1986, First Baptist mailed Barber a contract based on the original bid price and Barber refused to sign it. First Baptist then accepted the second lowest bidder at a price of $1,919,272 and sued Barber for the $93,000 bid bond. First Baptist and Barber filed motions for summary judgment and the trial court denied both of them, but certified the issue for immediate appeal.
Rule of Law
Holding and Reasoning (McMurray, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.