WHITE V. CORLIES & TIFT, Court of Appeals of NY, 1871

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WHITE V. CORLIES & TIFT, Court of Appeals of NY, 1871 Powered By Docstoc
					WHITE V. CORLIES & TIFT, Court of Appeals of NY, 1871 History: Court charged jury that there was a contract; verdict for White; Corlies appealed Facts: White (plaintiff) gave an estimate of costs to fix up a suite of Corlies (defendant); next day Corlies bookkeeper sent a note to White indicating he could start immediately if he would agree to finish w/in two weeks and that bookkeeper would call again between 5 and 6pm; White never answered but immediately purchased lumber and began to work; next day, Corlies called and cancelled order; White sued for breach Issue: Where the offer requests a promise, will plaintiff’s beginning of performance be sufficient to create a binding contract? Holding: No—Judgment for White reversed; new trial ordered Analysis: Corlies note was an offer to White and requested his return promise, which had to be manifested by some objective words or conduct of acceptance Mental determination is not good enough for an acceptance which will bind the other Purschasing lumber was insufficient since it could’ve been for any job No indication of White’s return promise before Corlies revocation


				
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