Where tender documents contain an express negative representation that no plans exist, reliance can be inferred from the circumstances including acceptance at face value, without requiring direct evidence that the representation was relied upon. A party passing on third-party information in tender documents will be treated as having adopted that information unless it made known to recipients that it was merely passing on the information for assistance and consideration. A trial judge's failure to address the actual case advanced by a party, by adopting a referee's erroneous interpretation of the representation in issue, constitutes appealable error.
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