Cerro Cobre Development Co. v. Duvall

The motion for rehearing construes the decision heretofore rendered as a decision reaching the conclusion:

“That the offer of an agent to turn over to his principal property received by him upon the sale'of the principal’s property, and which proceeds of sale belong to the principal, is an offer which must be accepted according to the terms and conditions made by the agent, or no contract is created and the principal therefore forfeits his right to the proceeds so received by his agent.”

That the conclusion reached by the court is the wrong conclusion under the facts:

“For the reason that the…