Grand Lodge of the Independent Order of Good Templars v. Farnham

Citations

• 70 Cal. 158
• 11 P. 592
• 1886 Cal. LEXIS 750

Syllabus

<p>Subscription to Charitable Object—Liability of Subscriber — Acceptance of Offer—Death of Subscriber.—A promise to pay a subscription to help defray the expenses of some charitable object is a mere offer, which may be revoked at any time before it is accepted by the promisee; and an acceptance can only be shown by some act by the promisee whereby a legal liability is incurred or money is expended on the faith of the promise. If the promisor die before his offer is accepted, it is thereby revoked, and cannot afterwards, by any acts showing an acceptance, be made enforceable against his estate. The rule is otherwise when subscribers agree together to make up a specified sum, and where the withdrawal of one increases the amount to be paid by the others. In such a case, as between the subscribers, there is a mutual liability, and the co-subscribers may maintain an action against one who refuses to pay.</p>