May 17, 2014

Ever-Tite Roofing Corporation v. Green - - 83 So. 2d 449, Louisiana Court App. (1955)

FACTS: The Greens wanted Ever-Tite to reroof their house but they did not have cash on hand to pay for it.  Instead they arranged to do it on credit and Ever-Tite went to run a credit check which took about 9 days.  Once the credit check was complete Ever-Tite loaded two trucks and went to the Greens to begin work but another company had already started re-roofing the house.  Ever-Tite was not permitted to do the work.

HISTORY:  judgment for the defendant plaintiff appealed.

ISSUE: Was there an acceptance on the part of the Greens?

HOLDING: Yes

RATIONALE: D knew that the credit check would be processed through the Shreveport office which would take  a couple of days.  There was no unreasonable delay on the part of the P in receiving or commencing work on the project.  P proceeded with due diligence.  Actual acceptance and contract performance began with the loading of the trucks and after that time is when the D tried to get out of it.

DISPOSITION: Reversed.