East End Savings & Trust Co. v. Chadwick

Citations

• 223 Pa. 70
• 72 A. 258
• 1909 Pa. LEXIS 477

Syllabus

<p>Contract — Sale—Offer—Withdrawal of offer.</p> <p>In an action by a trust company against executors for breach of a contract to sell a mortgage belonging to the estate, it appeared that one of the executors made an offer to the president of the trust company to sell the mortgage to the company at a price named, but before there was any acceptance in writing or otherwise, he called up the president on the phone, and according to his own testimony stated to the president that he called off the sale of the mortgage. The president testified that the executor’s words were, that he wanted to withdraw from the mortgage proposition. Both executor and the president testified to the effect that the president said to the executor that the executive committee of the board had approved of the purchase, but that he wanted to get the directors together to have their approval also. It appeared as a fact that the written notice of the acceptance was not prepared or mailed until after the meeting of the directors. Held, that the question whether defendants had withdrawn the offer before the acceptance was a question for the jury and that a verdict and judgment for the defendants should be affirmed.</p>