May 17, 2014

White v. Corlies & Tift | Case Brief - 46 N.Y. 467 (1871) - Court of Appeals of New York

FACTS: Plaintiff 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 project was canceled.


HISTORY: Appeal from judgment of the General Term of the 1st Judicial District affirming a judgment entered upon a verdict for the Plaintiff.


ISSUE: Did the Plaintiff 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, acceptance of the offer must be done by some manifest act.  Nothing the Plaintiff did indicated to the Defendant that he was accepting their offer.


DISPOSITION: Judgment reversed and new trial ordered.