Ever-Tite Roofing Corporation v. Green
83 So. 2d 449 · Louisiana Court of Appeal · 1955
Facts
Defendants, G. T. Green and Mrs. Jessie Fay Green, signed an instrument on June 10, 1953, for the re-roofing of their residence by Ever-Tite Roofing Corporation. The agreement stated it would become binding upon written acceptance or commencing performance of the work. Plaintiff proceeded to load trucks with materials and transport workmen to defendants' residence, but upon arrival, defendants forbade them to do the work, stating they had contracted with others.
Procedural history
The plaintiff, Ever-Tite Roofing Corporation, brought an action for damages against the defendants, G. T. Green et ux., for breach of contract. The trial court sustained the defendants' defense, finding no contract was formed, and dismissed the plaintiff's suit. The plaintiff then appealed this judgment to the Court of Appeal of Louisiana, Second Circuit.
Issue
Did the plaintiff accept the contract before the defendants withdrew their offer, thereby forming a binding contract?
Holding
The court held that the contract was accepted by the plaintiff's commencement of performance before the defendants' notice of dissent, and thus the defendants breached the contract.
Rule
An offer proposed may be withdrawn before its acceptance, but if no time is specified for acceptance, it terminates at the end of a reasonable time. The obligation of a contract is not complete until acceptance, but an offeror may not revoke an offer without allowing such reasonable time as from the terms of his offer he has given, or from the circumstances of the case he may be supposed to have intended to give to the party, to communicate his determination.
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