The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1906-07-06

H The question has arisen as t
whether or not contracts are com
plete where the acceptor Withdraw.
his letter from the postoffice after
once mailing it, and it has been hello
that the mailing constituted tie &C
ceptance and the withdrawal of the
letter afterwards from the postoffice
was not retraction of the accept
ance sufficient to relieve him from the
consequences,
Where letter containing an &C
ceptance or proposal is properly
mailed the contract is COM
pleted at he time of the mailing
of the acceptance, even although the
letter miscarry and never reach the
one making the offer.
Example: A in Detroit writes a
letter to B in New York Offering to
sell him five hundred dozen eggs al
eight cents dozen. B deposits ii
letter accepting the offer, within d
few hours after his receipt of the
proposal, 10 a box prpviced by the
postoffice au hOrlties for the receipt
OF letters. A mail clerk instead OF
depositing the letter in the receipt
acle for west bound mail puts it in
the receptacle for New England mai
and the letter goes to Massachusett,
Instead of to Michigan, and does not
reach A in Detroit for week after i
was mailed. In the meantime A sell,
ais eggs TO another customer. What
is the result?
The contract was complete at the
time when B mailed his letter of ac
ceptance and A is held in damage,
for refusal or failure to carry out his
contract to deliver the goods.
Ole may of course withdraw an off r
before II is communicated TO the per
son TO whom it is sent,
Example: A IN Detroit mails let
ter to Is in New York Offering to sell
five hundred dozen eggs at eight cents
dozen. Two hours later he is en-
ableu to sell the eggs in Detroit. He
thereupon wires TO disregard ofTel
previously made. B cannot on re
ceiziving AS offer accept it and there
by 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 the time VIII
not constitute contract that will
bind the party making the proposal
Example: A in Detroit offers by
mail to sell & 10 New York five hun
dred 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 q mails his letter Of accept
ance. A valid contract was thereby
made. even though the letter Of ac-
ceptance die not reach A until forty |
eight hours thereafter. Should b |
wait twenty-five hours after receiving
the letter of proposal his acceptance
woul be Of no avail.
An offer may be withdrawn even
although the ofTerer has agreed to
cave the offer open for acceptance for
l stated time. 1t cannot be with
irawn, however, within time stated
where there was any consideration
given for the option or time limit
" here there is no money considera
ion and no corresponding promise by !
lac person TO whom il is made, The
promise not TO withdraw the offer has
10 binding force If consideration
or the undertaking to leave the offer
pen is given and accepted this con
titutes Of itself contract and the
fer cannot be Withdrawn within
he time.
An offer is to be considered as open
or aTeasona6le time; after reason
BILE time has elapsed an acceptance
will be too late. What is reasonable
ime will depend on the particular
ase and its circumstances.
Where the offerer is at liberty to
etract, the retraction must De com
lunicated to the offeree before he has
ccepted, the offer is necessarily
evoked by his death. An acceptance
nailed before but not received until
fter the death of the oiferer makes d
finding contract.
Notice of dissolution of partnership
evokes an offer by the partnership,
'ut an acceptance mailed before the
otice of dissolution is received,
makes binding contract.
When the letter or telegram of ac-
eptance mas been deposited the ac-
eptor cannot disaffirm his acceptance
r prevent its effect by subsequent
etraction Of the acceptance.
Examples: A in Detroit mails to b
NJ a. i |