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How an Offer May Be Termi Nated


HOW AN OFFER MAY BE TERMI NATED. We have seen (Section 418) that any offer may be revoked before acceptance, but this rule should except offers under seal. Further we have seen that an offer unaccepted will lapse by the expiration of a reasonable time, and that where the parties have pre scribed a definite time the offer terminates by efflux of the specified time without acceptance. (Section Again, an offer may be terminated by breach of pre scribed conditions as to the mode of acceptance. Thus where the offer was to sell flour the answer to be sent by return of the wagon which brought the offer, an acceptance by letter, though supposed to be speedier was not a proper acceptance. (Eliason v. Henshaw, 4 Wheat., 225.) This failure to accept in the manner prescribed by the offerer may be considered a refusal of the offer as made, and the making of a counter prop osition, in which case the offerer may treat the offer as rejected. (Beach on Contract, Sec. 51.) The ac ceptance must be without condition, and absolute (Eg ger v. Nesbitt, 122 Mo. 667.) But it is held that if an offer is not revoked, a party may accept it, although he previously asked the proposer to modify the terms. (Stevenson v. McLane, L. R. 5 Q. B. D. 346.) The death of either party before acceptance termi nates the offer. The representatives of the maker of an offer are not bound by an acceptance, nor can they accept it on behalf of his estate. (Anson on Contract, p. 22; Frith v. Lawrence, 1 Paige, 434.) So notice of the dissolution of a partnership revokes an offer by the firm. (Goodspeed v. Plow Co.. 45 Mich. 322.)

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