The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1906-06-08

not being the agent of the acceptol
but the agent of the offerer, that be-
ing the means he has chosen by which
to communicate his offer.
The fact that the post has become
a public agency and not a private
agency, as formerly, does not prohibit
the application of the theory; one may
make public agency his own agent
as much as he can make private In
divldual his agent.
So one may be bound when he really
does not know that he is bound, as
one does not usually know the mo-
ment when an acceptance is put into
the mails.
If proposition and its retraction
reach the person to whom they are
sent at the same instant Of time the
the question arises as to the result OF
an acceptance. 1t has been held that
if the offer was opened and an accept
ance posted before the letter of re-
I'traction is opened and read, the con-
tract is binding, If the letter con-
tanning the offer is opened and read
and afterwards the letter Of retract-
ion is read, and then a letter accept
ing it posted, it is not contract.
The person must have had no actual
notice Of the retraction at the time
when he mails his acceptance in order
that the contract may be complete.
If A should send by mail an offer of
goods at a certain price, and ten
hours later to ensure sale, send a
second offer of the same goods for less
money, and B mails az acceptance OF
the first offer before he receives the
second offer, he cannot avoid his flrst
acceptance by writing an acceptance
of the second offer and putting 1T 10
the mails, stating therein that he
avoids his first acceptance, Ii on re-
ceipt of the first offer he mails his &C
ceptance and two hours later receives
the second offer of a lower price aud
then telegraphs his acceptance of the
second offer dlsaffirming the first, he
is still bound to the first acceptance.
A contract once made is irrevocable
except by the agreement of both
parties. The moment the letter &C
cepting the first offer was posted the
contract was complete. even although
the acceptance never reached the Of
ferer. Nearly all questions Of validity
Of contracts by mail and telegraph
may be answered by bearing in mind
that the contract is complete the
the letter accepting the offer
is posted.
Is must be borne In mind that the
posting of the letter of acceptance, or
the sending Of the telegram, must be
such posting or sending as puts the
practically out Of the
sender; for instance, II the acceptor
write mis- letter of acceptance and
place it IN his own private letter box
TO be called for by his own private
at certain time In the
1ay and taken by him to the post
office, 1t is not posted within the
meaning of the law. Or, II the &C
,eptor give the letter to messenger.
other than postman or accredited
agent of the postoffice department; he
has not thereby made the acceptance
complete until his messenger has
placed the letter In the postofice box,
1r the office, or eel vered 1t to an ac-
credited agent Of the pOstoffice au
so that II one writes a letter
If acceptance and gives it to Private
to be taken to the post
office and telegram is received Nth.
drawing the offer while the messenger
Is en- route to the postoffice, even al
though he may be at the very door OF
the office, the retractiou Of the offer
Is sufficient.