ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Brief Fact Summary. The Plaintiff-Appellant, Ever-Tite Roofing Corp. (Plaintiff), contracted with Defendant-Appellee, Green (Defendant), to renovate his home. When Plaintiff arrived at the job there was another company doing the work.
Synopsis of Rule of Law. An offer proposed may be withdrawn before its acceptance and no obligation is incurred thereby. The power to accept is limited by the terms of the contract or at the end of a reasonable time.
Issue. Was letting the contractor know when he showed up to do the job adequate notice of withdrawal?
Had the offer expired?
Held. No. Reversed.
No. Because no time was specified within which the offer had to be accepted, then reasonable time must be allowed.
No. Because the offer was accepted when Plaintiff began loading of the trucks and transporting men and materials to the Defendant’s residence.
An offer proposed may be withdrawn before its acceptance and no obligation is incurred thereby.
The power to create a contact by acceptance of an offer terminates at the time specified in the offer, or, if not time is specified, at the end of reasonable time.
What constitutes a reasonable time is a question of fact. It depends on the nature of the contract proposed, the usages of business and other circumstances of the case which the offeree at the time of his acceptance either knows or has reason to know.
Discussion. Here, the court is being generous in allowing the work to commence upon the loading of the truck. The court is not clear about what type of work will be deemed acceptance and in what situations.