May 17, 2014

White v. Corlies & Tift



White v. Corlies & Tift


FACTS: P was a builder who left a bid at on office.  Later the same day he received corrected figures and a letter "upon agreement to finish fitting up of offices 57 Broadway in 2 weeks from date, you can begin at once."  He purchased lumber and began working on the project when the projuect was canceled.


HISTORY: Appeal from judgment of the General Term ofthe 1st judicial district affirming a judgment entered upon a verdict for the plaintiff.


ISSUE: Did the P have a duty to go down and get assent before commencing work?


HOLDING: Yes


RATIONALE: Where an offer is made by one party to another where they are not present, accceptance of the offer must be done by some manifest act.  Nothing the P did indicated to the D that he was accepting there offer.


DISPOSITION: Judgment reversed and new trial ordered.