Ever-Tite Roofing v. Green

Ever-Tite Roofing Corp. ("Ever-Tite") & Mr Green ("Green") discussed replacing the roof on Green's residence in Webster Parish, Louisiana.

On June 10th 1953, Green signed a document specifying the roofing work. The Ever-Tite sales representative wasn't authorize to accept the contract on behalf of Ever-Tite.

Ever-Tite arranged financing for Green's roofing work since Green wasn't paying up-front.

A week later, Ever-Tite crew drove from Shreveport, Louisiana to Green's residence whereupon Ever-Tite discovered another roofing company in the midst of completing the roofing work.

Green refused to allow Ever-Tite employee to work on his roof.

Ever-Tite filed a lawsuit against Green for breach of contract. Ever-Tite lost in the trial court.

Does beginning performance constitute acceptance for a contract that permits acceptance of the offer via performance?

Ever-Tite argued calling up the roofing crew, loading the trucks, and driving towards Green's residence started performance.

Yes. Initiating performance qualifies as acceptance.

However, Green had notified Ever-Tite about withdrawal of the contract before the other roofing company commenced work & Ever-Tite arrived at Green's residence.

The Court sided with Ever-Tite at the end. Green was ordered to pay $311 in money damages.

Ever-Tite's attempted performance operated as acceptance of the contract. Green signed the document. Subsequently, Ever-Tite could indicate acceptance by (1) an authorized signature or (2) performance.

Ever-Tite only received notice of Green's withdrawal upon arriving at Green's home after having shipped roofing materials for 40 miles. So, the judges had different opinion's as to when Ever-Tite's roofing performance actually began.