Skip to main content

Butler v. Kemmerer

Citations

  • 218 Pa. 242
  • 67 A. 332
  • 1907 Pa. LEXIS 494

Syllabus

<p>• Contract — Offer—Acceptance—Terms—Price.</p> <p>To form the basis of a legal obligation, an offer must be so complete that upon acceptance an agreement is formed which contains all the terms necessary to determine whether the contract has been performed or not.</p> <p>Price is as essential as any other of the terms of a contract, and without this agreed upon no contract exists.</p> <p>A promise made by a heavy stockholder of a corporation to an officer of the company that if any profit is made out of the business of the company, he will divide such profit upon a very liberal basis with the officer, is too indefinite and uncertain to be enforced.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “an offer must be so complete that upon acceptance an agreement is formed which contains all of the terms necessary to determine whether the contract has been performed or not... .An indefinite or uncertain contract cannot be enforced.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Elkin, Fell, Mestrezat, Potter

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

4 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.