Editing Contracts/Intention to Bind
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Thus where two letters, each containing an offer identical in terms, cross each other, there can be no contract.<ref>''[[Broadnax v. Ledbetter]]'', 100 Tex. 375, 99 S. W. 1111; ''[[Kleinhaus v. Jones]]'', 68 Fed. 742. Thus where two letters. each containing an offer identical in terms, cross each other, there can be no contract. ''[[James v. Marion Fruit Jar Co.]]'', 69 Mo. App. 207; ''see [[Tim v. Hoffman & Co.]]'', (1873), 29 L. T. R. ( N. S.) 271; Contra. ''[[Asinoff v. Freudenthal]]'', 186 N. Y. S. 383. See an interesting case of lack of communication where the parties were in the presence of each other, but one did not hear what the other said at [[Contracts/Acceptance#Acceptance by Silence|Acceptance by Silence]] .</ref> | Thus where two letters, each containing an offer identical in terms, cross each other, there can be no contract.<ref>''[[Broadnax v. Ledbetter]]'', 100 Tex. 375, 99 S. W. 1111; ''[[Kleinhaus v. Jones]]'', 68 Fed. 742. Thus where two letters. each containing an offer identical in terms, cross each other, there can be no contract. ''[[James v. Marion Fruit Jar Co.]]'', 69 Mo. App. 207; ''see [[Tim v. Hoffman & Co.]]'', (1873), 29 L. T. R. ( N. S.) 271; Contra. ''[[Asinoff v. Freudenthal]]'', 186 N. Y. S. 383. See an interesting case of lack of communication where the parties were in the presence of each other, but one did not hear what the other said at [[Contracts/Acceptance#Acceptance by Silence|Acceptance by Silence]] .</ref> | ||
===Representation on Which Another | ===Representation on Which Another Act--Estoppel=== | ||
A representation concerning a matter of fact may be made to another, without any expressed or intended warranty of the truth, yet with the intention of inducing him to act upon it; and if the latter acts upon it, and suffers loss by reason of it not being true, the party making the representation may be held responsible in law for the consequences; or he may be estopped from denying the truth of the representation. | A representation concerning a matter of fact may be made to another, without any expressed or intended warranty of the truth, yet with the intention of inducing him to act upon it; and if the latter acts upon it, and suffers loss by reason of it not being true, the party making the representation may be held responsible in law for the consequences; or he may be estopped from denying the truth of the representation. |