Editing Contracts Ayres/9th ed. Outline
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***************** Offer = act by one person giving other person legal power to create contract (obligation) | ***************** Offer = act by one person giving other person legal power to create contract (obligation) | ||
************ If doesn’t confer power of acceptance, then mere solicitation | ************ If doesn’t confer power of acceptance, then mere solicitation | ||
***************** | ***************** Hendricks v. Behee (Missouri 1990) | ||
************ Facts: D made offer to P to buy real estate. He sent offer to P's agent, they accepted. But D notifies P of withdrawal before D notified of P’s acceptance. P contends that the contract ripened when they accepted (b/c there's $5k deposit on the line). | ************ Facts: D made offer to P to buy real estate. He sent offer to P's agent, they accepted. But D notifies P of withdrawal before D notified of P’s acceptance. P contends that the contract ripened when they accepted (b/c there's $5k deposit on the line). | ||
************ HOLDING: To accept bilateral offer, acceptance MUST be communicated to offeror. | ************ HOLDING: To accept bilateral offer, acceptance MUST be communicated to offeror. |