BL Montague Co., Inc. v. Somers

The plaintiff contends that it submitted to the defendants an offer containing certain stipulations and specifications for certain construction work on which the defendants were general contractors and that the defendants accepted such offer and became bound by the terms thereof. The defendants in turn contend that the instrument which the plaintiff contends was an acceptance of the plaintiff’s offer was not an acceptance but was a counteroffer which the plaintiff accepted and which, therefore, became the contract between the parties. The plaintiff’s offer was as follows:

“Date: 24 December…