Donaldson v. Abraham

Citations

• 68 Wash. 208
• 122 P. 1003
• 1912 Wash. LEXIS 1269

Syllabus

<p>Equity — Mistake—Evidence—Sufficiency. There is sufficient evidence to establish that a bid for county work was submitted under a mistake, where one of the plaintiffs so testified, and that the mistake resulted from the inadvertent omission of an item of $3,500 intended to he included in the total of specific estimates.</p> <p>Equity — Mistake—Relief—Eobfeitube—Mistake in Bid — Counties — Contbacts—Bids. Where bidders on county work by inadvertence omitted an item of $3,500 from the total estimates, and notified the county commissioners as soon as the mistake was discovered that they desired to withdraw or amend the hid, and the work could not he done at the price bid without loss, equity will grant relief from the mistake and allow a recovery of the sum deposited as a forfeiture for refusal to enter into the contract, the mistake not being the result of wilful neglect; and this, whether the forfeiture was stipulated or provided by statute.</p> <p>Same. In such a case, the county’s loss of the deposit is not a loss or injury to others constituting a ground for denying relief from the mistake.</p>