The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-04
MAY WITHDRAW HIS BID.
The Commissioner Advised Upon nm
Important Matter.

B. F. Mockabee was one of the con-
tractors who submitted proposal for the
construction Of the school building to be
located on Fifteenth Street, between Rose
dale and Gale Streets northeast. Mr..
Mockabee, on the plea that an error was
made in his calculations, sought to with
draw his bid, and the decision OF the ques-
: tion was held in Gbeyance until 1t could
be referred to .he Attorney for his opinion.
This was rendered yesterday.
1T appears" says the Attorney, that
on the day the bids we're opened. and with
in an hour afterwarI Mr.. Mocka5ee dis
covered that he had made mistake of
fact in his bid. Before the acceptance of
the bid he wrote to Captain Beach. the
Engineer Commissioner, concerning the
error, and thereafter filed explanatory affi-
davits of himself and clerk,~and on ac-
count of the error, etc, desired to recall
his bid.
Captain Beach spoke to me In reference
to the matter shortly after the occurrence,
and l advised him that the bid, which
was perfect in form and good on It's face,
could not be recalled for an alleged mis-
take made by the bidder. This seemed to
be the rule of the law as laid down in the
text books and supported by authorities.
Upon further examinat ton of the ques-
tion | am satisfied that the law Is other
wise. The Supreme Court of the United
States has recently had occasion to exam
Inc the question in the case of the Moffett,
Hodgkins, and Clarke Company against
the City OF Rochester, not yet reported.
but an advance copy of the opinion has been
furnished me by the Clerk of the Court.
In that case. by a mistake of the engineer,
the complainant bid 80 cents a cubic yard
for earth excavation in open trenches when
1t intended to bid 40 cents, and $3.50 for
earth excavation in tunnel when it intend
ed to bid SIS. The proof of the mistakes
was clear and undisputed, and the error
was called to the attention of the execu-
tive board when the bid was opened and
before the city authorities had done sny
thing to alter it, condition.
1.-The Supreme Court said: The rule be-
tween individuals is that until a proposal
be accepted it may be withdrawn, and if
this principle cannot be applied in the
pending case, on account of the charter of
the city. there is certainly nothing in the
charter which forbds or excuses the ex-
istence of the necessary elements of con-
tract The court held that the transaction
had not reached the degree of a contract.
proposal and acceptance, and quoted with
approval the following language of the Cir
cult Court:
The bill proceeds upon the theory that
the bid upon which the defendant acted
was not the complainant's bid; that the
complainant was no more responsible for
1t than If 1t had been the result Of agra
phia or the mistake OF the copyist or
printer. In other words that the proposal
read at the meeting of the Board was one
which the complainant never intended to
make, and that the minds of the parties
never met upon contract based thereon.
II the defendants are correct in their con-
tentions there is absolutely no redress for
bidder OF public work no matter how
aggravated or palpable his blunder. The
moment his proposal is opened by the Ex-
ecutive Board he is held as in a grasp OF
steel. There is no remedy, no escape. II
through an error of his clerk he has agreed
to do work worth million dollars for
ten dollars he must be held to the strict
letter of his contract while equity stands
by with folded hands and sees him driven
to bankruptcy. The defendants position
admits Of no compromise. no exception, and
no middle ground
"The Supreme Court accordingly revers-
ed the decree of the Circuit Court of Ap-
peals for the second circuit. consider
that this case authorltatively answers in
the affirmative the question whether before
bid is accepted it may be recalled by the
bidder, because of mistake bona ide made
by him in his bid. / am of the opinion
therefore. that Mr.. Mockabee under the
circumstances is entitled to recall and
Withdraw his bid :"