Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-04-26

by telegraph and the subject matter
is commodity whose price Is fluc-
tuating rapidly. Several days may be
allowed II the mails are used and nc
muctuation is involved. The stu
alton might be such that matter Of
weeks would be q reasonable delay.
One who has made simple offer
may always withdraw 1t at any time
before 1t has been accepted. This
Ia what John Wagner endeavored to
do He wrote to Maloney, offering
to sell to him one hundreds barrels
OF salt at $1.00. The letter reach
ed Maloney ON May 2. Maloney wrote
accepting the offer on May 8. On
! May 2 Wagner had mailed letter
Withdrawing the offer; but he was
bound by the contract, which had be-
come complete. This was so because
the acceptance was mailed before the
withdrawal Of the offer was receiy-
ed. Thus we arrive at the gist Of
When Ia contract" The accept
ance operates and the agreement be-
Genes complete at the moment when
the acceptance is dispatched. This
IL true In all cases where the accep-
lance Ia dispatched by the agency
which the person making the offer
used to transmit 1t. and thus made his
agent tor the purpose Of the formation
OF the contract. But the withdrawal
of an offer does not operate until it
has been delivered and so Maloney,
having mailed his acceptance before
the withdrawal was received, the cor
tract became complete.
Silence cannot be made to give
consent In the formation OF a con-
tractual agreement Edison wrote to
Watson, Il win sell you my horse for
500, and III ] do not hear from you
to the contrary will understand that
You want her." Even though Wat
son received the letter and made no
reply, Ebson could not hold him as
no agreement had been completed.
But II groceries, or milk, or any
goods are delivered at your home UNI
der such circumstances that you I'm
derstand that they are not samples
but are offered for sale by q mer-
chant, and you receive and utilize
them, the courts are likely to hold
that You have accepted an implied
offer for the sale Of the goods, and
are bound to pay reasonable
amount for what you have used.
To create a contract, an offer must
be intended to create and capable of
creating legal relations. II Willie
Smith offered to take Winnie Jones
to the theatre, and she accepted, no
contract would result. Such are So
cial, not legal relations. Walter Nc
Quillan bought a horse for 500, and
agreed to pay $25 more III the horse
was lucky for him." Such conditions
are too uncertain and too impossible
Of ascertainment to be the subject of
contract.
While an offer must be accepted
by a definite person, It need not be
made to any single definite person.
It may be made by notice or adver-
tisement. II you advertise that you
will pay $500 to the person who re-
turns your dog Bruno to you, the
man who reads your offer, searches
,ut Bruno and returns him, has &C.
,epted your offer and completed a
contract that binds you to pay him
800. But mere statement OF gen.
'ral intention, or solicitation Of gen.
raj business, as an advertisement or
otice that you are to open a gro
cry II the Post Office block and will
here sell butter, fresh eggs, ETC., is
OF such an offer that 1t may be ac-
epted by any one to form contrac--
lal agreement.
Other formalities may be required \
, make an offer and acceptance a
sgally enforceable contract in some !
ases--as a writing In contracts with I
,ference to real estate--but the 7
yreement is the first and most I'm !
,rtant step, and the time Of accept. I
ice dxes the important question as :
} when the contract was closed. :