May 17, 2014

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

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 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 P have a duty to go down and get assent before commencing work?


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 P did indicated to the D that he was accepting their offer.

DISPOSITION: Judgment reversed and new trial ordered.