New England Insulation Co. v. General Dynamics Corp.
Appeals Court of Massachusetts
522 N.E.2d 997 (1988)
- Written by Mary Pfotenhauer, JD
Facts
General Dynamics Corporation (General Dynamics) (defendant) solicited bids to insulate natural gas tanks. General Dynamics represented that the submitted bids would be kept in a locked file and would not be opened until after the bid-closing date. New England Insulation Co. (New England) (plaintiff) submitted a bid. Before the bid-closing date, General Dynamics showed New England’s bid to another company that was later awarded the contract. New England sued General Dynamics for breach of an implied contract and misrepresentation, arguing that General Dynamics solicited bids knowing that the contract would be awarded to the other company without considering any of the other bids. New England sought damages including lost profits. The trial court dismissed New England’s complaint. New England appealed.
Rule of Law
Issue
Holding and Reasoning (Dreben, J.)
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