The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1906-06-28

| when B mailed his letter of acceptance
and A is held in damages for refusal OF
failure to carry ont his contract to de-
liver the goods.
One may of course withdraw an offer
before it is communicated to the person
to whom it is sent.
Example,: A in Detroit mails letter
to B in New York offering to sell five
hundred dozen eggs at eight cents
dozen. Two hours later he is enabled
to sell the eggs in Detroit. He there
upon wires B to disregard offer previous
ly made. B cannot on receiving AS
offer accept it and thereby bind A.
If by the terms of an offer certain
time be prescribed within which it may
be accepted by the other party it must
be accepted within that time; and an
acceptance after that time will not con-
stitute contract that will bind the
party making the proposal.
Example: A in Detroit offers by mail
to sell b in New York five hundred
dozen eggs at eight cents dozen, if ac-
cepted within twenty four hours after
the receipt of the proposal. Twenty
hours after the receipt of the proposal b
mails his letter of acceptance. A valid
contract WAS thereby made, even though
the letter of acceptance did not reach A
until forty-eight hours thereafter.
Should b wait twenty-five hours after
receiving the letter of proposal his &C
ceptance would be of no avail.
An offer may be withdrawn even al
though the offerer has agreed to leave
the offer open for acceptance for stated
time. 1t cannot be withdrawn how
ever, within a time stated where there
was any consideration given for the
option or time limit. Where there is no
money consideration and no correspond
ing promise by the person to whom it is
made, the promise not to withdraw the
offer has no binding force. If Il con-
sideration for the undertaking to leave
the offer open is given and accepted this
constitutes of itself contract and the
offer cannot be withdrawn within the
time
An offer is to be considered as open
for reasonable time; after reasonable
time has elapsed an acceptance will be
to late What is reasonable time will
depend on the particular case and its
circumstances.
Where the oiferer is AT liberty to re-
tract, the retraction must be communi-
Gated to the offeree before he has accept
ed the offer. If the offerer dies before
the acceptance the offer is necessarily
revoked by his death. An acceptance
mailed before but not received until
after the death of the offer makes a
binding contract.
Notice of dissolution of partnership
revokes an offer by the partnership, but
an acceptance mailed before the notice
of dissolution is received, makes a bind
ing contract.
When the letter or telegram Of accept
ance has been deposited the acceptor
cannot ,lisaifirm his acceptance or pre-
vent its effect by a subsequent retrac
ton of the acceptance.
Example: A man in Detroit mails to
B in New York All offer Of five hundred
dozen eggs at eight cents dozen. b
posts his letter of acceptance in the post
Office, or postofiice letter box, on the
following day. Two hours later he con-
cludes to withraw the acceptance and
telegraphs A that he withdraws accept
ance previously mailed. A receives the
telegram before he receives the letter of
acceptance The contract is nevertheless
binding and A may disregard the tele-
gram.
ITO be rOntinuel