Wisconsin State Horticultural Society / Annual report of the Wisconsin State Horticultural Society for the year 1910
Volume XL, Part II (1910)
Richardson, C. L.
Contracts, pp. 171-175 PDF (1.1 MB)
WISCONSIN STATE HORTICULTURAL SOCIETY. cepftance is treated as a counter-offer andI bFreaks the original offer as would a refusal, so that it cannot afterwards be accepted unless renewed. Au offer takes eflect from the time it is presented to the mind of the offeree, and is considered as continuing until it is either accepted, revoked, rejected or expires by lapse of time. An offer must be accepted within a reasonable time, although what constitutes a reasonable time is not fixed by any rule of law but depends on the circumstances of each particular ease. Nine or ten days' delay has been held unreasonable. Four days has bee.- held too lone a delay. The strict cases have allowed the offeree the day of the receipt of the offer to consider, and lhave held that an answer bay the first mail of the following day was binding. In the absence of instructions to the contrary, the acceptance is pre- sumed to be made in the same manner as the offer, but the parties (*an .stipulate for a different manner of acceptance, as by tele. gram, shipment of goods or otherwise. The acceptance differs from the offer in some marked respects. Thus while the offer is not effective until it reaches the offeree, the acceptance is valid and binds the contract from the moment it is made, although not known to the offeror until later. The ac- ceptance of a contract by mail is binding as soon as the letter, properly addressed and stamped is placed in the mail, although knowledge thereof may not reach the offeror for some time, or even althoullgh the letter never reaches its destination. A letter is "'in the mail'" when deposited in the post office or in a letter box. Whether an R. F. D. box is included is not yet adjudicated, but as the letter is not beyond control of the sender there would seem good reason to believe that a letter deposited in a rural let- ter box is not "in the mail." While acceptance is effective as soon as mailed, the revocation of an offer is not effective until it reaches the party intended. Thus A in Boston may make an offer to B in San Francisco. The offer-may be sent on Monday, and reeeived on Thursday. On Tuesday A may revoke the offer, l)ut the letter will not reach B till Friday. So if B accept the offer Thursday or any time before the revocation reachbe him the contract will be formed, though A's revocation has been three dlays on the road. A contract requires a consideration to support it. By this is meant that gain or benefit to one party or that loss or detriment to the other which is the moving cause of the transaction. It may be money, a promise. or the doing or forbearing to do a certain 172 i
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