Tyra v. Cheney

152 N.W. 835 (1915)

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Tyra v. Cheney

Minnesota Supreme Court
152 N.W. 835 (1915)

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Facts

Cheney (defendant) was the general contractor on a job for repair of a school building. Tyra (plaintiff) wanted to submit a bid as subcontractor on some of the work, but missed the deadline. Tyra provided an informal, oral bid for the work and, although he was told his bid was too late, was instructed to put in a formal bid. Tyra submitted his formal bid, but mistakenly left out an item in the formal bid worth about $1,000. Tyra secured the bid and began work. Tyra brought suit to recover the $1,000 due to the mistake in the formal bid. Cheney denied that it had ever received the informal bid. The claim was tried by a jury, which found in favor of Tyra. Cheney filed an alternative motion for judgment notwithstanding the verdict or a new trial. The motion was denied. Cheney appealed.

Rule of Law

Issue

Holding and Reasoning (Holt, J.)

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