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Nebraska Builders (P) submitted a bid to supply a crane. Industrial (D) offered to sell and install the crane for $449,920 with $49,985 allocated for installation. D was orally awarded the contract. D repeatedly requested that P issue a purchase order, written contract, or letter of intent regarding the transaction. A confirming memorandum was sent but that only addressed additional cost issues for deviations from the original bid. Discussions between the parties ended over a dispute about the costs of the deviations. P eventually obtained the crane for $136,135.11 more than was offered by D. P sued.

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