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INTERNATIONAL FILTER CO. V. CONROE GIN, ICE & LIGHT CO., Commission of Appeals of TX, 1925

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INTERNATIONAL FILTER CO. V. CONROE GIN, ICE & LIGHT CO., Commission of Appeals of TX, 1925 Powered By Docstoc
					CONTRACTS INTERNATIONAL FILTER CO. V. CONROE GIN, ICE & LIGHT CO., Commission of Appeals of TX, 1925 History: Judgment for Conroe; Int’l Filter appeals Facts: Int’l Filter’s (Plaintiff) salesman submitted a letter to Conroe (defendant) offering to sell water machinery; letter provided a contract would arise when the proposal was accepted by Conroe and approved by an exec. officer of Int’l Filter; letter was sent to Int’l’s home office when it was indorsed (accepted 2/10; ok 2/13); on 2/14, Int’l sent acknowledgement of order to Conroe; on 2/28 Conroe tried to cancel order but Int’l insisted on performance; Conroe refused, Int’l brought suit; Conroe says the OK was insufficient as an acceptance, that notification from Conroe to Int’l was required of acceptance/approval, and letter of 2/14 was insufficient acceptance or notification Issue: Whether notice of an acceptance has to be given if the offeror does not require it. Holding: No—Judgment for Conroe reversed and remanded Analysis: A contract was formed when President of Int’l indorsed paper sent to him w/ Conroe’s signature on it Offeror may include any terms/conditions in offer which he desires; no stipulation here as to notice of acceptance and so none was required; agreement specifically provided that it would become a binding contract when approved by an executive officer of Int’l


				
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