This section contains the nature of the case and procedural background.

Elsinore Union Elementary School District (P) invited contractors to prepare bids for additions to the district's school buildings. Kastorff (D), a building contractor, prepared worksheets using bids from various subcontractors. The first sub-bid D received for plumbing was for $9285. D thought that he wrote it down on the sheet, but he did not. When D got a lower bid of $6,500 for the plumbing work, he subtracted $3,000 from the total amount of his bid. D's total bid of $89,994 included no allowance for the plumbing work. D's bid was the lowest by $11,306. The school board inquired if the bid was correct. After checking with his assistant, D affirmed that his bid was correct after he asked his clerical assistant, who assured him that it was. D was awarded the contract. D discovered the error the very next day. When D allegedly checked he did not have his worksheets with him. D rescinded the bid. The school board then awarded the contract to the next lowest bidder ($102,900). P sued D for the difference between the two bids. The trial court found D’s testimony to be true, but it could not be ascertained from the evidence presented for what purpose the total of the right-hand column figures on the bid sheet was used for nor could it be ascertained what purpose the three bid sheets were used in arriving at the total bid submitted. The court found that P did not have notice of the error in the bid by D nor did the court find that P was trying to take advantage of any error committed by D. The trial court also found that it was not inequitable or unjust to require D to perform. The trial court awarded P the damages it sought. D appealed.

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