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 CourtListenerCited by
19 cases in this archive cite this case.
- Bridgeport Pipe Engineering Co. v. DeMatteo Construction Co.Supreme Court of Connecticut· 1970-03-03· cited 97×
- Portnoy v. BrownSupreme Court of Pennsylvania· 1968-07-01· cited 57×
- Zvonik v. ZvonikSuperior Court of Pennsylvania· 1981-10-02· cited 44×
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals· 1926-05-19· cited 36×
- Baker v. BakerCourt of Appeals of Texas· 1947-07-09· cited 34×
- Edgcomb v. CloughSupreme Court of Pennsylvania· 1922-06-24· cited 33×
- Holtz v. OldsOregon Supreme Court· 1917-04-10· cited 25×
- Dillon v. AFBIC Development Corp.S.D. Alabama· 1976-07-30· cited 14×
- Meyers v. JosselynCourt of Appeals of Maryland· 1985-10-01· cited 9×
- Columbian Rope Co. v. Rinek Cordage Co.Superior Court of Pennsylvania· 1983-06-03· cited 9×
- Mozley v. BoenAlabama Court of Appeals· 1962-06-19· cited 5×
- Donovan v. Bull Mountain Trading Co.Montana Supreme Court· 1921-05-16· cited 5×
- Keiser v. Reading Suburban Real Estate Co.Superior Court of Pennsylvania· 1910-07-20· cited 4×
- Keser v. JarvisCourt of Appeals of Kentucky (pre-1976)· 1930-03-04
- Rudy v. Franklinville Ice & Storage Co.Superior Court of Pennsylvania· 1912-03-01
- Bunting Glider Co. v. Thornton-Fuller Co.Philadelphia County Court of Common Pleas· 1945-12-15
- Gastley v. American Stores Co.Cambria County Court of Common Pleas· 1948-05-03
- Baum v. Allstate InsurancePhiladelphia County Court of Common Pleas· 1966-02-25
- Breitenstein v. Independent Button & Machine Co.Appellate Court of Illinois· 1915-04-26
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.