The appellant municipality appealed a trial judgment awarding the respondent contractor damages for breach of contract related to a sewer construction project.
The appellant argued the contract required concrete casing and the respondent bid using steel at its peril.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the appellant had advised steel was acceptable and accepted the bid on that basis.
The respondent's cross-appeal for punitive damages was also dismissed.
