Falconer v. Mazess

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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.