West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-06-28
POPULAR TALKS ON LAW
William c. Sprasue, President Sprasus
Correspondence School OF Law.
Paper Number Fiye-Contracts by
Mall, Telegraph. Telephone.
Copyrighted TOO


whether or not contracts are com
ple,e where the acceptor withdraw.
his letter from the postoffice after
once mailing it, and il has been
held that the mailing constituted the
acceptance and the withdrawal oil
the letter afterwards from the post
office was not retraction Of the &C.
ceptance sufficient to relieve him
from the consequences.
Where a letter containing an &C.
ceptance. or proposal is properly
mailed the contract is completed a,
the time of the mailing of the &C.
ceptance, even although the letter
miscarry and never reach the one
making the offer.
Example: A in Detroit writes
letter to b in New York offering to
sell him five hundred dozen eggs at
eight cents a dozen. u. deposits a
letter accepting the offer, within a
few hours after his receipt of the
proposal, in box provided by the
postoffice authorities for the receipt
of letters. A mail clerk instead OF
depositing the letter in the receipt.
acle for west-bound mail puts 1t in
the receptacle for New England
mail and the letter goes to Massa-
chusetts instead of to Michigan.
and does not reach A in Detroit for
week after it was mailed. In the
meantime A sells his eggs to another
customer. What is the result1
The contract was complete at the
time when b mailed his letter of
acceptance and A is held in damages
for refusal or failure TO carry out
his contract to deliver the goods.
One may of course withdraw an
offer before it is communicated TO
the person to whom 1t is sent.
Example: A in Detroit mails a
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 thereupon wires b to disregard
offer previously made. b cannot
on receiving AS offer accept it and
thereby bind A.
Ii by the terms of an offer a
certain time be prescribed within
which 1t may be accepted by the
other party it must be accepted
within that time; and an acceptance
after the time will not constitute a
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 a
dozen, If accepted 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 con.
tract was thereby made, even though
the letter or acceptance did not
reach A until forty eight hours
thereafter. Should B wait twenty
FIVE hours after receiving the letter
of proposal his acceptance would
be of no avail.
An offer may be Withdrawn even
alshough~the 0fferer has agreed to
leave the offer open for acceptance
for stated time. It cannot be
Withdrawn, however, within a time
stated where there was any con-
sideratioh given for the option of
time limit. Where their is no money
consideration and no corresponding
promise by the person to whom it
is made, the promise not to with.
draw the offer has no binding force.
If a consideration for the under.
taking to leave the offer open is
gwen and accepted this constitutes
of itself a contract and the offer
cannot be Withdrawn within the
time.
An offer IS to be considered as
open for a reasonable time; after a
time has elapsed an ac-
ceptance will be too late. What is |
reasonable time will depend on the |
particular case and its circum
stances.
Where the oferer is at liberty TO
retrace, the retraction must be com.
municated to the offeree before he
has accepted the offer. II the of.
ferer dies before the acceptance the
offer is necessarily revoked by his
death. An acceptance mailed be
tore but not received until after the
death Of the oferer makes binding
contract.
Notice Of dissolution Of partner.
ship revokes an offer by the partner.
ship, but an acceptance mailed be.
fore the notice Of dissolution is re.
ceiyed, makes binding contract.
When the letter or telegram of
acceptance has been deposited the
acceptor cannot disafhrm his &C
ceptance or prevent its effort by a
subsequent retraction Of the accept
ance.