Clements v. Bolster

Citations

• 6 Pa. Super. 411
• 1898 Pa. Super. LEXIS 172

Syllabus

<p>Epistolary contracts — What amounts to, in law.</p> <p>When a contract is epistolary, consisting oí a series of letters, containing inquiries, propositions and answers, it is necessary that some point should be attained, at which the distinct proposition of the one party is unqualifiedly acceded to by the other, so that nothing further is wanting on either side to manifest that aggregatio mentium, which constitutes an agreement, and that junction of wills in the same identical manner, offered on one side and concurred in by the other, bringing everything to a conclusion which in contemplation of law amounts to a contract.</p> <p>It is not a contract where an offer is made to buy a monument at $600 adding “ we would like to have your derrick to set up monument. We will pay freight on derrick to return ; ” to which plaintiff replied asking' that $15.00 more be allowed, and added : “ I have entered your order— Now as to derrick, you would hardly want one sent from here, as that would be too expensive for you. Why not get one from Philadelphia or Ilarrisburg ? ” This was but an acceptance in part; there could be no contract without an acceptance in full. A contract is not created by proposals and counter proposals; it arises only from the acceptance of a proposal.</p> <p>An offer is not converted into a contract by a response proposing a deviation from its terms; it becomes a contract only when accepted in precise accordance with its terms.</p>