Kennedy-Stroh Corp. v. Davis

Citations

• 72 Pa. Super. 381
• 1919 Pa. Super. LEXIS 320

Syllabus

<p>Contracts — Acceptance — Meeting of minds — Confirmation of offer.</p> <p>An offer to sell certain material under definite terms and conditions must be accepted, in accordance with such terms, before there can be a meeting of minds,- and a consummation of the contract between the parties.</p> <p>Where, in an action upon a contract, the plaintiff’s ease consists of the proof of the proposal, with the presumption of assent thereto arising from the silence of the defendant, no legal inference of a contract can arise out of such silence, without evidence of a duty to speak on the part of the defendant, which was neglected to the plaintiff’s harm.</p> <p>The insertion of additional conditions, and the substitution of a new party to the contract, is not an acceptance of an offer which would constitute a contract between the parties.</p>