WHITE V. CORLIES & TIFFT
46 N.Y. 467 (1871)
NATURE OF THE CASE: This was an action in damages for a breach of contract. Tifft (D)
appealed a decision which affirmed a judgment for White (P) in a contract dispute.
FACTS: Corlies and Tifft (D) gave White (P), a builder, specifications for setting up a
suite of offices and asked for an estimate. P left an estimate with D. That same day, D's
bookkeeper made written changes: 'Upon an agreement to finish the fitting up of offices at
57 Broadway in two weeks from date, you can begin at once.' P did not reply to these written
changes, but he did purchase the lumber. The next day D countermanded their offer. P brought
an action for breach. The court instructed the jury that P was not obligated to make a
formal acceptance of the first note in order for there to be an enforceable contract. The
judge indicated that the contract became binding as soon as P started to work on the job.
The lower court found that the offer looked to performance by P. The intermediate appellate
court affirmed. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment