Question: Page of 2 Hinson v. N&W Construction Company Court of Appeals of Mississippi 890 So.2d 65 (2004) Case Background N&W Construction prepared a bid for

of 2 Hinson v. N&W Construction Company Court of Appeals of Mississippi

890 So.2d 65 (2004) Case Background N&W Construction prepared a bid for

Page

of 2 Hinson v. N&W Construction Company Court of Appeals of Mississippi 890 So.2d 65 (2004) Case Background N&W Construction prepared a bid for the Mississippi Job Corps Center (MJCC) to build a kitchen facility at a training center. In preparing the bid, N&W received oral bids from several plumbing contractions. Hinson quoted $92,000 as his bid for the plumbing job. The next-lowest plumbing subcontractor bid was $139,000. N&W used Hinson's bid in preparing its general contracting bid for the whole project. N&W was the low bidder and was awarded the MJCC contract. N&W notified Hinson that he was needed to do the plumbing work when construction began. Hinson refused the job. N&W had to hire the next-lowest bidder and pay an additional $47, 000 to get the plumbing work done. N&W sued Hinson on the basis of promissory estoppel. The trial court granted summary judgment to N&W and awarded $47,000 in damages. Hinson appealed. Case Decision Irving, Justice The doctrine of promissory estoppel has been stated as follows: An estoppel may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetuation of fraud or would result in other injustice. A review of the undisputed facts of this case and the evidence submitted by the parities to N&W's motion for summary judgment.. .clearly indicate that the circuit court correctly granted N&W's motion for summary judgment on the theory of promissory estoppel.... Hinson admits that he provided a verbal quote to N&W in the amount of $92,000 for plumbing work on the building.. Hinson testified that he reviewed the plans and specifications for the building, worked on his quote for approximately a week, and was satisfied with his price of $92,000. .... Moreover, Hinson does not dispute that N&W used his quote for the plumbing work in its bid for the building contract.... Hinson later explained...that he refused to do the plumbing work.. "l just had a lot of other jobs going." ... Affirmed. D ZOOM

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