Legal Opinion · Dissent

Peerless Department Stores, Inc. v. George M. Snook Co.

West Virginia Supreme Court

Decided February 25, 1941No. CC 637Published

1DissentRose, Judge

I am unable to follow my associates in the conclusion which they have reached in this case.(1) The offer made by the Kaufmans to the Snook Company was sufficient in form and substance. It contained the price and terms offered and, if accepted, would have constituted a valid and binding contract between the offeror and the owner of the property. The fact that the offer contained a provision for liquidated damages in case of its breach by the offeror did not make the offer a conditional one nor one in the alternative, or otherwise affect its validity. Wise v. United States, 249 U. S. 361, 63 L.…

2Cases cited13 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Wise v. United StatesSupreme Court of the United States · 1919
  3. First National Exchange Bank v. Roanoke Oil Co.Supreme Court of Virginia · 1937
  4. New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908

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