325 S.E.2d 914 | Ga. Ct. App. | 1985
Breach of Contract. Dabbs & Stewart (“Dabbs”) were general contractors who bid to construct a building for the Paulding County school system. Prior to making its bid, Dabbs solicited bids from suppliers for certain tack boards and chalk boards. Frazier Assoc, made an offer to Dabbs on December 4, 1981, to sell Dabbs eleven tack and chalk boards at a total price of $1,160. Another supplier offered to sell Dabbs eleven tack and chalk boards (among numerous other items) for a price of $6,700. On January 7, 1982, Frazier Assoc, renewed its offer to Dabbs, including a copy of its original offer to sell the eleven tack and chalk boards for $1,160. On January 11, 1982, Dabbs accepted Frazier’s offer. It then incorporated that cost item in its bid for the construction of the school.
When Dabbs sought delivery of the tack and chalk boards, Fra
Frazier contends that Dabbs was aware or should have been aware that its offer of $1,160 was an obvious error. That argument is premised upon the facts that Dabbs had in hand a second offer from another supplier offering the same tack and chalk boards for $6,700 in the face of Frazier’s offer for $1,160. Secondly, Frazier argues that when Dabbs stated in its petition that it had to purchase the boards from another source for $6,780, Dabbs admitted the true purchase value. Frazier thus argues that these facts raise an issue of knowledge on the part of Dabbs that should prevent the issuance of a summary judgment and warrant a trial on an issue of reformation of the contract to correct the apparent mistake.
As we view the issue in this case, it is that as between two alleged innocent parties, who should suffer the loss? Thus, our question relates to whether either or both of the parties are indeed innocent. There can be no question that, taking Frazier at its word, Frazier was negligent in submitting an offer that admittedly was incorrect. Thus if we assume that Dabbs was unaware of Frazier’s mistaken offer, then Dabbs was innocent in relation to Frazier, and Frazier reasonably should suffer the loss. See Singer v. Grand Rapids Match Co., 117 Ga. 86, 94 (3) (43 SE 755). See also Central of Ga. R. Co. v. Gortatowsky, 123 Ga. 366, 374 (51 SE 469).
On the other hand if Frazier inadvertently (though negligently) made an obvious mistake and this mistake was apparent on the face of the offer and was known to Dabbs, then relief should have been granted to Frazier for there is no disposition in the law to let one “snap up” such an “opportunity” by taking advantage of another’s mistake. Singer v. Grand Rapids Match Co., supra, p. 94.
The facts before the court on this motion for summary judgment reflected that Frazier admittedly made an offer to sell Dabbs tack and chalk boards for $1,160. There is nothing on the face of the document to reflect that there was a transposition of a decimal or that the figures had any relationship to Frazier’s revised figures of $6,590. Frazier sent a copy of its offer a month later and renewed its offer to sell at the first quoted price. A few days later, Frazier’s offer was accepted. Thus on three occasions, Frazier had opportunity to correct
Even though questions of negligence or lack of diligence ordinarily are not susceptible of adjudication on summary judgment, our appellate courts have on many occasions ruled that a clear failure of the respondent to exercise the required duty of ordinary diligence to protect its own interests entitles a movant to such summary judgment. See Parson v. Central of Ga. R. Co., 129 Ga. App. 218 (199 SE2d 396). As was said in Fields v. Goldstein, 97 Ga. App. 286, 288 (3) (102 SE2d 921): “[T]heir loss is attributable to their own negligence.”
Where, as here, the record discloses the absence of any right of recovery in Frazier, the grant of summary judgment to Dabbs was proper. Tingle v. Arnold, Cate & Allen, 129 Ga. App. 134 (199 SE2d 260).
Judgment affirmed.