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Citation.22 Ill.83 So. 2d 449 (La. Ct. App. 1955)

Brief Fact Summary.The Plaintiff-Appellant, Ever-Tite Roofing Corp. (Plaintiff), contracted with

Defendant-Appellee, Green (Defendant), to renovate his home. When Plaintiff arrived at the job

there was another company doing the work.

Synopsis of Rule of Law.An offer proposed may be withdrawn before its acceptance and no

obligation is incurred thereby. The power to accept is limited by the terms of the contract or at the

end of a reasonable time.

Facts.The Defendant signed a document for the purpose of re-roofing their residence. The

document included the work to be done and the price to be paid in monthly installments. The

document was also signed by Plaintiffs sales agent who was unauthorized to accept the contract on

behalf of the Plaintiff. The document contained a provision that read this agreement shall become

binding only upon written acceptance hereof, by the principal or authorized officer of the Contractor

or upon commencing performance of the work. This contract is not subject to cancellation. Plaintiff

performed a timely credit report and immediately following approval, the Plaintiff engaged workmen

and loaded trucks and materials and proceeded to Defendants house to do the work. When Plaintiff

arrived he found another company in the performance of the work Plaintiff had already contracted to

do. Defendant told Plaintiff the other company signed a contract to do the work two days before.

Defendant forbade the

Plaintiff from doing the work. Defendant made no attempt to contact Plaintiff before this date.

Defendant knew it would take several days because of the necessity to acquire financing. The

Plaintiff proceeded with due diligence to this end.

Issue.Was letting the contractor know when he showed up to do the job adequate notice of

withdrawal?

Had the offer expired

Held. No. Reversed.

No. Because no time was specified within which the offer had to be accepted, then reasonable time

must be allowed.

No. Because the offer was accepted when Plaintiff began loading of the trucks and transporting men and

materials to the Defendants residence.

An offer proposed may be withdrawn before its acceptance and no obligation is incurred thereby.

The power to create a contact by acceptance of an offer terminates at the time specified in the offer, or,

if not time is specified, at the end of reasonable time.

What constitutes a reasonable time is a question of fact. It depends on the nature of the contract

proposed, the usages of business and other circumstances of the case which the offeree at the time of

his acceptance either knows or has reason to know.

http://www.bloomberglaw.com/document/XLU8JQ003?jcsearch=83%2520So.%25202d%2520449#jcite%22&ORIGINATION_CODE=00344http://www.bloomberglaw.com/document/XLU8JQ003?jcsearch=83%2520So.%25202d%2520449#jcite%22&ORIGINATION_CODE=00344http://www.bloomberglaw.com/document/XLU8JQ003?jcsearch=83%2520So.%25202d%2520449#jcite%22&ORIGINATION_CODE=00344http://www.bloomberglaw.com/document/XLU8JQ003?jcsearch=83%2520So.%25202d%2520449#jcite%22&ORIGINATION_CODE=00344

8/10/2019 Ever-tite v Green

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Discussion. Here, the court is being generous in allowing the work to commence upon the loading of the

truck. The court is not clear about what type of work will be deemed acceptance and in what situations.