Union Sawmill Co. v. Mitchell

Citations

• 122 La. 900
• 48 So. 317
• 1909 La. LEXIS 622

Syllabus

<p>1. CONTRACTS (§ 22*) — Acceptance—Separate Instrument.</p> <p>Under the express provisions of Rev. Civ. Code, art. 1804, an acceptance of a proposal to contract need not be by the same act as the proposal.</p> <p>[Ed. Note. — For other cases, see Contracts, Dec. Dig. § 22.*]</p> <p>2. Contracts (§ 19*) — Acceptance — Time-Death oe Party Proposing.</p> <p>Where a person, after signing a proposal, died before an acceptance, there was no contract, under Rev. Civ. Code, art. 1810, providing that, if a party making an offer die before it is accepted, his representatives are not bound.</p> <p>[Ed. Note. — For other cases, see Contracts, Cent. Dig. § 58; Dec. Dig. § 19.*]</p> <p>8. Contracts (§ 19*) — Ofeer—Withdraw al— “Change of Intention.”</p> <p>Where, after a person had made a written offer, he received no actual notice of an acceptance until after he had made a contract involving the subject-matter with another, the acceptance came too late to bind him, he having already signified his change of intention within Rev. Civ. Code, art. 1801, providing that a party proposing shall be presumed to continue in the intention which his proposal expressed, if, on receiving the unqualified assent of him to whom the proposal is made, he does not signify the change of his-intention.</p> <p>[Ed. Note. — For other cases, see Contracts, Dee. Dig. § 19.*]</p> <p>4. Logs and Logging (§ 3*) — Ofeer to Sell Timber — Acceptance — Time — Statutory Provisions.</p> <p>Rev. Civ. Code, art. 1802, provides that a party proposing to contract is bound by his proposal, and cannot signify a dissent if the proposal be made in terms which evince a design to give the other party the right of concluding the contract by his assent, and if that assent be given within such time as the situation of the parties and the nature of the contract shall prove that it was the intention of the proposer to allow. Meld, that written offers to sell timber by the owners executed out of the presence of the vendees or