Rudy v. Franklinville Ice & Storage Co.

Citations

• 48 Pa. Super. 487
• 1912 Pa. Super. LEXIS 398

Syllabus

<p>Contract — Offer—Acceptance.</p> <p>In an action by- an ice cream maker against an ice manufacturing company to recover for alleged overcharges for ice, the plaintiff claimed under an alleged contract by which she was to receive ice at the same rate at which the defendant sold it to drivers. The evidence offered by the plaintiff tended to show that the defendant had made to the plaintiff’s husband, acting as her agent, an indefinite offer to sell ice to plaintiff at the same rate at which it was sold to drivers, without specifying the quantity of ice to be so sold or the period during which the supply was to be continued. It also appeared that this offer was not accepted by plaintiff’s husband. Defendant supplied the plaintiff with ice, but some months afterwards notified her that the ice delivered to her would thereafter be at the rate of a specified sum per ton. Subsequently plaintiff discovered that this rate was in excess of the rate at which drivers were supplied. Held, (1) that the failure of plaintiff’s agent to accept the original offer established no contract between the parties; and (2) that if the offer of defendant should be considered as a continuing offer, it could be revoked at any time, and was revoked when plaintiff was notified of the specific sum per ton which she would be expected to pay.</p>