Hazelhurst Lumber Co. v. Miss. Forestry Comm'n
| Docket Number: | 2007-CA-00120-SCT Linked Case(s): 2007-CA-00120-SCT ; NO. 2011-CA-00120-SCT CONSOLIDATED WITH 2007-CA-00322-SCT & 2006-CA-00185-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-10-2008 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Invitation to bid - Disclaimer - Negligent misrepresentation - M.R.C.P.
41(b) Judge(s) Concurring: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 12-12-2006 Appealed from: Franklin County Circuit Court Judge: Forrest Johnson Disposition: Circuit Court granted involuntary dismissal under MRCP 41(b). Case Number: 02-CV-056 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Hazelhurst Lumber Company, Inc. |
DENNIS L. HORN,
GEORGE CAYCE NICOLS |
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| Appellee: | Mississippi Forestry Commission | Heber S. Simmons | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Invitation to bid - Disclaimer - Negligent misrepresentation - M.R.C.P. 41(b) |
| Summary of the Facts: | A bid invitation was facilitated by the Mississippi Forestry Commission on behalf of the Franklin County School Board. The Commission provided estimations of the included timber in the invitation to bid and in the contract. The Commission also provided detailed data sheets attached to the invitation to bid and in the contract. The Lumber Company bid and won the job. After performing, Lumber Company filed suit against the Commission, the Franklin County School System, and the Franklin County Board of Education, although it subsequently dropped the complaint against the latter two. Lumber Company alleged negligent and fraudulent misrepresentation, mutual mistake, and breach of contract. Lumber Company asserted that the actual number of trees was lower than the Commission’s count, therefore, it suffered damages in the amount of $104,339.36. The circuit court granted summary judgment in part and denied in part, dismissing Lumber Company’s claim for fraud. The court subsequently expanded its grant of summary judgment to include any and all claims other than those that fall under the purview of the Tort Claims Act. A bench trial was held on the issue of negligent misrepresentation, mutual mistake, and breach of contract. At the close of Lumber Company’s evidence, the Commission moved for a directed verdict, which was granted. Lumber Company appeals. |
| Summary of Opinion Analysis: | Lumber Company argues that the Commission’s incorrect estimation provides the basis for a claim. The Commission counters that disclaimer language included in the invitation to bid and subsequent contract protect it from liability resulting from an incorrect estimate. The contract is clear and unambiguous. The disclaimer provisions in the invitation and contract protect the Commission from any liability resulting from an inaccurate timber estimate. In light of the disclaimer provision in the contract, Lumber Company could not reasonably rely on the Commission’s estimates and therefore, its claim of negligent misrepresentation fails. The Commission stated its timber count was an estimate and not a guarantee; as such, it can not be characterized as a mistake on the part of the Commission and Lumber Company’s contract claims fail. Accordingly, the circuit court did not err in dismissing the case pursuant to M.R.C.P. 41(b). |
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