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White v Corlies and Tift

White v Corlies and Tift - last note from the D constituted...

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Page: 156 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: White v. Corlies and Tift Ct of App of NY (1871) Folger P.-(builder) D.- (Merchant) D gave P specifications to do work. P gave estimate to D. D. then made changes to specifications and sent back to P. for approval. P. approved and sent it back to D. D. told P. to begin at once. P. did not reply, but did proceed in purchasing materials. The next day D. countermanded the offer and P. filed suit for breach of contract. In trial ct. the judge instructed the jury that P.’s action on the
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Unformatted text preview: last note from the D constituted a binding contract. The Ct of app held that the trial judge erred in his instruction to the jury, and that the P was required to submit a form of acceptance before the contract was formed. Whether or not a contract existed b/w the 2 parties. A contract did not exist. Reversed and new trial ordered. A mental determination not indicated by speech or put in course of indication by act to the other party, is not an acceptance which will bind the other....
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