Appellate Division of the Supreme Court of New York, Third DepartmentJan 10, 1940
258 App. Div. 1003 (N.Y. App. Div. 1940)

January 10, 1940.

Appeal from Supreme Court, Albany County.

Present — Hill, P.J., Crapser, Bliss and Foster, JJ.

This is an action in equity to have plaintiff's bid, submitted to the Department of Mental Hygiene of the State on June 3, 1930, rescinded and its bid check returned. The bid was for the installation of electrical work at a State Hospital. After the bids were opened but before any of them were accepted, plaintiff discovered and notified the State that he had made an error in the preparation of his bid, withdrew the bid and asked to have his bid check returned. This error consisted of a failure to include the cost of transportation and erection in an item of iron work. The proof showed that such a mistake was actually made in the preparation of the bid. Plaintiff was, therefore, entitled in an action in equity to be relieved of the result of this unintentional mistake. ( Moffett, Hodgkins Clarke Co. v. Rochester, 178 U.S. 373; Ferend Co., Inc., v. State of New York, 251 App. Div. 13; Harper, Inc., v. City of Newburgh, 159 id. 695.) Judgment unanimously affirmed, with costs.