Shreveport Traction Co. v. Mulhaupt

Citations

• 122 La. 667
• 48 So. 144
• 1908 La. LEXIS 507

Syllabus

<p>1. Contracts (§ 22*) — Offer and Acceptance — Acceptance by Acts.</p> <p>Action, without words, is presumptive evidence of tlie acceptance of a proposition, when •taken under circumstances that naturally imply such acceptance, and a timely suit, brought on the contract alleged to have resulted from a proposition and its acceptance, may in itself bp ,-an acceptance of the proposition.</p> <p>[Ed. Note. — For other cases, see Contracts, •Cent. Dig. §§ 71-79; Dee. Dig. § 22. *J •2. Contracts (§ 22*) — Offer and Acceptance — Imputed Acceptance.</p> <p>Where a number of persons' make, to a railway company, the proposition, “If you will 'build a railroad, along a certain route, on a .certain grade, at your own expense, we will pay you certain sums when the rails are laid, or within 30 days after you begin operating the road,” and the company at once builds the road in accordance with and in acceptance of the proposition, and thereafter operates it in ac■cordance with other conditions contained . in •such proposition (with respect to fares and schedules, to be thereafter maintained), the action thus taken, considered in connection with a ■suit brought to recover the sums offered, amounts to an implied acceptance of the proposition, and the company is entitled to judgment in the suit •so brought.</p> <p>[Ed. Note. — For other cases, see Contracts, Dee. Dig. § 22.*]</p> <p>(Syllabus by the Court.)</p>