Seaboard Lithographing Co. v. Tait

Opinion by

Keller, J.,

This was an action in assumpsit for (1) goods manufactured and delivered pursuant to contract, and (2) damages for breach of contract in refusing to accept the balance of goods ordered. The defense was that defendants’ order had never been accepted and therefore no contract had been entered into; and that the goods delivered had been returned because not ordered.

There can be no valid contract without a meeting of minds; an acceptance by the one of the other’s offer. But this acceptance can be evidenced by acts no less, than by words. The rule is well stated in Oye., as…