Schreiber v. Olan Mills

• Olan Mills, Inc. = "Olan Mills" = a national portrait photography company in the 1990s = Lifetouch Inc. acquired Olan Mills in 2011 = defendant
• Olan Mills often relied on telemarketing
• Schreiber = plaintiff
• In November 1989, Schreiber lashed out against an Olan Mills telemarketer
• Schreiber wrote a letter to Olan Mills stating that future telemarketing calls would be considered entry into a contract for listening services subject to a fee of $100/hour + additional fees
• Olan Mills agent called Schreiber twice more without paying the requested fees

• Schreiber sued for breach of contract to collect $479 in fees from Olan Mills
• Olan Mills filed a demurrer ("So what?" motion) stating that no contract existed between the 2 parties.
• Schreiber lost.

Must there be a meeting of the minds ensuring both parties assent to the same thing for a contract to be established?

Yes. To establish a contract, there must be a meeting of the minds such that the parties mutually assent to the same thing.

Affirmed

The court opined that the letter couldn't be a contract; instead, it qualified as a cease-and-desist letter.