Contracts I, Pages 449โ€“458

Wil-fred's Inc. v. Metropolitan Sanitary District

Appellate Court of Illinois, First District, Second Division, 1978

Facts:

Plaintiff submitted a sealed bid of $882,000 with a $100,000 certified check as consideration in response to an advertisement by defendant inviting bids for work at one of its water reclamation plants. Plaintiff's bid was $236,000 lower than the next lowest bid of $1,118,000. Plaintiff checked this with their excavating subcontractor and noticed that their calculation was in error enough to force them into bankruptcy if they performed at the bid price. Two days later plaintiff requested to withdraw the big, which defendant rejected.

Procedural History:

The trial court granted rescission and ordered defendant to return the $100,000.

Issue:

Can plaintiff obtain rescission of its contract because of its unilateral mistake?

Rule:

R2C ยง 153(a)

Reasoning:

Holding plaintiff to his bid would be unconscionable. Plaintiff added in good faith.

Holding:

Plaintiff can obtain rescission of its contract. Affirmed.