Legal Opinion

McGurn v. Bell Microproducts, Inc.

Court of Appeals for the First Circuit

Decided March 26, 2002No. 01-1329PublishedCited by 22 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This case requires us to evaluate the district court’s application of an exception to the general rule that silence does not constitute acceptance of the terms of a contract offer.

I

Bell Microproducts, Inc. (Bell) mailed George R. McGurn a signed offer of employment, which stipulated that if McGurn was terminated without cause during the first twelve months of his employment with Bell he would receive a severance package worth $120,000. In countersigning and returning the offer letter, McGurn crossed out the word “twelve” and replaced it with “twenty-four.” McGurn…

2Cases cited12 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
  3. Upton v. TribilcockSupreme Court of the United States · 1875
  4. Houlton Citizens' Coalition v. Town of HoultonCourt of Appeals for the First Circuit · 1999
  5. John P. Coyne v. Taber Partners I, D/B/A Ambassador Plaza Hotel & CasinoCourt of Appeals for the First Circuit · 1995

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. XYZ Corp. v. United StatesCourt of Appeals for the First Circuit · 2003
  2. del Carmen Guadalupe v. Negron-AgostoCourt of Appeals for the First Circuit · 2002
  3. Lippe v. Bairnco Corp.District Court, S.D. New York · 2003
  4. Casavant v. Norwegian Cruise Line, Ltd.Massachusetts Appeals Court · 2005
  5. D'Agostino v. Federal InsuranceDistrict Court, D. Massachusetts · 2013

17 more not listed; retrieve them via the Exa API.

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