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Akers v. J.B. Sedberry, Inc - expired And she continued to...

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Akers v. J.B. Sedberry, Inc. 286 S.W.2d 617 Fact: Operative Facts: The company Sedberry Inc. was where Aker and Whitsitt worked at. They had a employment contract there. Once the company merged with another, new management came in, brining Mr. Sorenson into the picture. Aker and Whitsitt did not like the way he ran the company, and the bank didn’t either. Fearing that the company was going to go bust under him, they went to the owner of the company, Sedberry. One there, they offered their resignation, as good faith, but Sedberry pushed that aside and spoke to them for 7 hours about the company’s finance and operation. Pushing it aside meant to Aker and Whitsitt that she rejected the offer of resignation. A few days later, Sedberry telegrammed that she accept their resignation, and that their pay and work were to stop immediately. They were confused, and stated that their resignation offer
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Unformatted text preview: expired. And she continued to try to implement them. Issue: Rule: An offer made by one to another in a face to face conversation is deemed to continue only to the close of their conversation, and cannot be accepted thereafter Rational: First, Sedberry’s lapse of time expired. Their conversation ended already, and so the offer, during a face to face convo (reasonable time wise) expired when the conversation stopped. Second, Sedberry pushed aside their resignation, indicating that she rejected the offer. Even though she may have thought to herself that she will take them into consideration, she made no indication to the other party that she was going to do so. This made the two believe that the offer is off the table. Holding: The offer was expired before the acceptance came. This makes the offer invalid/ unenforceable. Synthesis: Dissent/Concurrences:...
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