Dulany-Vernay Co. v. Kalamazoo Stationery Co.
Michigan Supreme Court
Error to Kalamazoo; Weimer (George V.), J. Assumpsit by the Dulany-Vernay Company against the Kalamazoo Stationery Company for breach of an alleged contract for the sale of paper. Judgment for defendant. Plaintiff brings error.
1Opinion of the CourtFellows, J.
(after stating the facts). We are persuaded that the trial judge should have directed a verdict for the defendant. Where no time is fixed in the offer for its acceptance, it expires at the end of a reasonable time. 9 Cyc. p. 291, 13 C. J. p. 297; and when such reasonable time has elapsed the offer is withdrawn without any affirmative act of the parties. *487Bowen v. McCarthy, 85 Mich. 26. Where the facts are not in dispute, what is a reasonable time is to be determined, as a matter of law. Oakland Motor Co. v. Fidelity Co., 190 Mich. 74; Bayer v. Winton Motor Car Co., 194 Mich. 222; Burton v.…
2Cases cited4 opinions
- Oakland Motor Co. v. American Fidelity Co.Michigan Supreme Court · 1916
- Bayer v. Winton Motor Car Co.Michigan Supreme Court · 1916
- Bowen v. McCarthyMichigan Supreme Court · 1891
- Burton v. LaddMichigan Supreme Court · 1920
3Cited by5 opinions
- S C Gray, Inc. v. Ford Motor Co.Michigan Court of Appeals · 1979
- Lumbermen's Mutual Casualty Co. v. BissellMichigan Supreme Court · 1922
- MacLaren v. Dermody White Truck Co.Michigan Court of Appeals · 1968
- Cheney v. OlenderMichigan Supreme Court · 1942
- Lake Independence Lumber Co. v. Frank M. Pauli Co.Michigan Supreme Court · 1923