Huber Manufacturing Co. v. Smithgall

Citations

• 19 Pa. Super. 641
• 1902 Pa. Super. LEXIS 168

Syllabus

<p>Contract — Offer—Acceptance—Sale of machinery.</p> <p>It may be said generally that an offer without more, is an offer in the present, to be accepted or refused when made. There is no time which a jury may consider reasonable or otherwise, for the party to whom it is made to consider it, except by the agreement or concession of the party making it. Until acceptance it may be withdrawn at any time, though F be the next instant after the making. But acceptance is not sufficient unless knowledge of such acceptance be given or had by the maker of the offer.</p> <p>An agreement in writing for the lease of farm machinery showed on its face that it was not to become a contract until accepted by the manufacturer of the machinery. The machinery was intended to be used by the proposed lessee in the grain harvest to be reaped in a few weeks. The writing bore date June 10. It provided that the machinery shall be shipped “if practicable on or before June 15.” The paper was not signed or approved by the manufacturer, but on June 16 it was turned over to the shipping department of the business, but no notice of this action was given to the proposed lessee. The latter awaited notice until June 28, when he withdrew his proposition by telegram. In the meantime the machinery had been shipped. Held, that the proposed lessee’s withdrawal of his offer before knowledge or notice of acceptance relieved him from liability.</p>