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Show u POPULAR TALKS ON LAW. The question has arisen as to whether or not contracts aro complete where tho acceptor withdraws his letter let-ter from tho postofllco after once mailing mail-ing it, and it has been held that tho mailing constituted tho acceptance nnd the withdrawal of tho letter afterwards after-wards from tho postofflce was not a retraction of tho acceptance sufficient to relievo him from the consequences. Whero a letter containing an acceptance ac-ceptance or a proposal Is properly mailed the contract is completed at tho time of the mailing of tho acceptance, oven although tho letter miscarry and never reach the one making tho offer. Example: A In Detroit writes a let-leii let-leii to B In Now York offering to sell him five hundred dozen eggs at eight cents a dozen. B deposits a letter accepting ac-cepting tho offer, within a few hours after his receipt of tho proposal, in a box provided by tho postofflce authorities authori-ties for tho receipt of letters. A mall clerk instead of depositing the letter In the receptacle for west-bound mall puts It In tho receptacle for New England Eng-land mall and tho letter goes to Massachusetts Massa-chusetts Instead of to Michigan, and does not reach A In Detroit for a week after it was mailed. In the meantime A sells his eggs to another customer. What is tho result? The contract was complete at the time when B mailed his letter of ati- U ceptanco and A is held In damages for fi refusal to carry out his contract to de- 1 liver tho ennrtn 1 .1 One may of courso withdraw an offer of-fer before It Is communicated to tho person to whom it la sent. Example: A in Detroit mails a let-tor let-tor to B In New York offering to sell five hundred dozen eggs at eight cents a dozen. Two hours later ho is enabled en-abled to sell the eggs in Detroit. He thereupon wires ii to disregard offer previously made. B emnot on receiving re-ceiving A's offer accept k and thereby if by the terms of a offer a certain time bo prescribed within which it may bo accepted by the other party It must be accepted within that time; and an acceptance nfter the time will not constitute con-stitute a contract that will bind tho party making tho proposal. Example: A in Detroit offers by mall to sell B in New York five hundred hun-dred dozen eggs at eight cents a dozen, if accepted within twenty-four hours after the receipt of the proposal B malls his letter of acceptance. A valid contract was thereby made, even though the letter of acceptance did not reach A until forty-eight hours - thereafter. Should B wait twenty-four hours after receiving the letter of proposal pro-posal his acceptance would bo of no avail. An offer may do withdrawn oven although al-though the offerer has agreed to leave tho offer open for acceptance for H stated time. It cannot bo withdrawn, . however, within a time stated where thcro was any consideration given for tho option or tlmo limit. Whoro thoro is no money consideration and no cor- responding promise not to withdraw tho offer has no binding force. If a consideration for the undertaking to leave the offer open is given and ac- W m. cepted this constitutes of itself a con- if 9 tract and the offer cannot bo with- V drawn within tho time. t An offer Isi to do considered as open for a reasonable tlmo; after a reasona ble time has elapsed an acceptance will be too late. What Is reasonable tlmo will depend on tho particular case and Its circumstances. When tho offerer is at liberty to retract, re-tract, the retraction must bo communicated communi-cated to the offeree before ho has accepted ac-cepted the offer. If the offerer dies before tho acceptance the offer Is nec-esarlly nec-esarlly revoked by his death. An acceptance ac-ceptance mailed before but not received re-ceived until after the death of tho offerer of-ferer makes a binding contract. Notice of dissolution of partnership revokes an offer by the partnership, but an acceptance mailed boforo the notice of dissolution Is received, makes a binding contract. When tho letter or telegram of ac coptance has been deposited tho acceptor ac-ceptor cannot disaffirm his acceptance or prevent its effect by a subsequent ertractlon of the acceptance. Example: A in Detroit mails to B in New York an offer of five hundred dozen eggs at eight cents a dozen. B posts his letter of acceptance in tho postofllco, or postofllco letter box, on tho following day. Two hours ldter ho concludes to withdraw the acceptance accept-ance and telegraphs A that ho withdraws with-draws acceptance previously mailed. A receives tho telegram before ho receives re-ceives tho letter of acceptance. The contract Is neverthless binding and A may disregard the telegram. (To bo continued.) |