Cases for Contracts Semester 1 - Objective meeting of mind...

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Objective “meeting of mind” Lucy v. Zehmer (1954) – Note via napkin for Ferguson Farm. “ Mutual assent to form a contract must be apparent from an objective point of view .” Harvey v. Facey (1893) - “Will you sell us Bumper Hall Pen? Telegraph cash price – answer paid.” Facey replied “Lowest price for Bumper Hall Pen” is 900 pounds. On the same day, Facey replied “We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession.” “ Offer is a communication to the offeree that clearly indicates offeror’s present, clear willingness to enter into a contract ” “ May rely on Harvey, stating there was ambiguous terms. Lefkowitz v. Great Minneapolis Surplus store (1957)- Fur coats advertisements, with “house rules” Fairmount Glass Works v. Crunden-Martin Wooden Ware Co. (1899) - Mason’s green jar. It was labeled as a quote, but was specific enough to be an offer. Store properties v. Neal – It was a letter of intent. But it did not establish enough specific terms. Paragraph 8 states “Terms and conditions of the lease not covered by this proposal shall be subject to the approval of both parties.” Kuzmeskus v. Pickup Motor Co. - About the city accepting a bid on school transportation. The contractor that got it accepted went to Pickup Motor Co. and talked to their general manager and sales rep. There was no indication of an acceptance by an officer by the time the contractor called to cancel his order (the next morning). Davis v. Jacoby – Bi later or uni lateral issue, and Mr. White committed suicide. If in doubt, or if
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

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Cases for Contracts Semester 1 - Objective meeting of mind...

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