Falconer v. Mazess
Falconer v. Mazess, 168 A.2d 558 (Pa. 1961).
Facts: Offeror made an offer that required acceptance within 5 days. Offeror withdrew offer after Offeree dispatched his acceptance, but prior to Offeror received acceptance.
Issue: Was a contract formed?
Holding: Yes, acceptance was made prior to withdrawal of offer.
Rule: Mailbox Rule:
- Offer did not specify mode of acceptance (Mail was acceptable)
- The five day period did not begin until receipt of the offer.
- The Offeror could have specified "within 5 days of date of letter," but failed to do so.
- A contract was formed upon acceptance, which occurred when dispatched (mailed) by Offeree.