Park v. Whitney
Massachusetts Supreme Judicial Court
Contract for the breach of an agreement to purchase certain shares of stock. The declaration set out, as containing the alleged agreement, certain letters, the first of which, sent by the defendant to the plaintiff and received by him, was as follows: “ Office of the Metropolitan Steamship Company, India Wharf, Boston, May 16, 1884. My dear Mr. Park: I have given a good deal of thought to the subject of our conversation of yesterday and the day before, and my deliberate…
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Contract for the breach of an agreement to purchase certain shares of stock. The declaration set out, as containing the alleged agreement, certain letters, the first of which, sent by the defendant to the plaintiff and received by him, was as follows: “ Office of the Metropolitan Steamship Company, India Wharf, Boston, May 16, 1884. My dear Mr. Park: I have given a good deal of thought to the subject of our conversation of yesterday and the day before, and my deliberate judgment is that it is better, both for you and for the Inspirator Company, that you be relieved from the care of the…
1Opinion of the CourtC. Allen, J.
Assuming in favor of the plaintiff that the language of the defendant’s letter which is relied on is to be considered as a direct offer' to purchase the shares, and that it is to be taken as an offer by itself alone, and independently of the other proposals in the letter, still the offer never became binding as a contract upon the defendant, for want of a due acceptance of it by the plaintiff.
In the first place, considering the nature of the offer, and *280the circumstances as shown in the letter, the plaintiff must make known his acceptance by January 1, 1886. The words “ at that time ” mean the…
2Cited by15 opinions
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- L. E. Fosgate Co. v. Boston Market Terminal Co.Massachusetts Supreme Judicial Court · 1931
- Horowitz v. S. Slater & Sons, Inc.Massachusetts Supreme Judicial Court · 1928
- Starkweather v. GleasonMassachusetts Supreme Judicial Court · 1915
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