University:
University of North Georgia
Course:
CRJU 4112 | Judicial Processes
Academic year:

2023
Views:

91

Pages:

2
Author:

Skyla Potter

Ever-Tite Roofing Corp. v. Green (Ct of Appeal of LA, 1955) Parties: Action for damages allegedly sustained as result of b of c by Ds of written contract for the re-roofing of D’s residence. Facts: June 10, 1953 executed and signed instrument for purpose of obtaining services of P in re-roofing their house set out in detail work to be done and price to be paid in monthly installments signed by P’s sales rep who was w/o auth to accept contract for and on behalf of P “This agreement shall become binding only upon written acceptance thereof, by the principal or authorized officer of the Contractor, or upon commencing performance of the work.” P requested a credit report which was made and received. Institution gave its approval June 18 or 19, 1953 P sends men trucks and equip to house and finds workmen performing work it was contracted to do Ds notified P’s workmen that work had been contracted to other parties 2 days before and forbade them to do the work formal acceptance of contract not made under signature and approval of agent of P but P intended to accept contract by commencing the work, which was provided for in instrument as method of acceptance Procedural History: trial ct sustained D’s defense and rejected P’s demands and dismissed its suit at its costs. Trial ct held notice to P’s workmen upon their arrival that the D did not want them to commence work was sufficient and timely to signify intention to withdraw from contract. Issue: Did Ds breach the contract? Rule: An offer proposed may be withdrawn before its acceptance and no obligation is incurred thereby. But there are exceptions. The power to create a contract by acceptance of an offer terminates at the time specified in the offer , or, if no time is specified, at the end of a reasonable time. What is a reasonable time is a question of fact depending on the nature of the contract proposed, the usages of business and other circs of the case which the offeree at the time of his acceptance either knows or has reason to know. Holding: Yes. Reasoning: D’s attempt to justify delay in notifying P bc did not know where/how to contact P is w/o merit contract itself—left with them—conspicuously displayed name address and phone # Ds at no time between June 10 until workmens’ arrival attempted to notify of intention to terminate Ds knew work was to be processed through Shreveport office no unreas delay by P in receiving, processing or accepting contract or commencing work no time limit in contract specifying within which was to be accepted or work was to be done understood by both parties some time would elapse between contract and commencement due to needing to comply with reqts relative to financing through a lending agency P proceeded with due diligence commencement of performance of work started with loading of trucks with nec materials so actual commencement began before any notice of dissent by Ds given to P so proposition and its acceptance became completed contract Disposition: Reversed. Judgment for P.

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