Orth v. Zion's Cooperative Mercantile Institution
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe first district, and from an order refusing a new trial. Tbe opinion states tbe facts. If tbe offer is not accepted there is no contract, and tbe court will not render judgment: Code, sec. 780, 872; 1st. Parsons, on Contracts, 475, and all other works upon tbe subject.
Read the full summary
Appeal from a judgment of tbe district court of tbe first district, and from an order refusing a new trial. Tbe opinion states tbe facts. If tbe offer is not accepted there is no contract, and tbe court will not render judgment: Code, sec. 780, 872; 1st. Parsons, on Contracts, 475, and all other works upon tbe subject. If a failure to accept would deprive tbe plaintiff of tbe benefit of tbe defendant’s offer, then certainly a rejection would have tbe same effect, and this'is -vvbat tbe plaintiff did. His letter proposing different terms was a rejection of tbe offer; and, as tbe offer was not…
1Dissent
Henderson, J.,
(dissenting.)
I cannot concurr with my associates in their view of this case. In the first place, I think the letter of plaintiff, re*425plying to tbe defendant’s offer of judgment, cannot be fairly construed as a rejection. Its fair import is tbat tbe plaintiff is considering doubtfully tbe offer, and tbat, if tbe offer bad been or would be made more favorable to tbe plaintiff it would solve tbe doubt. But granting tbat it was a full and absolute refusal, in terms to accept tbe offer made, I do not concur in tbeir construction of tbe statute. Of course, the offer of judgment, under…
2Cases cited2 opinions
- Scammon v. DenioCalifornia Supreme Court · 1887
- Curiac v. AbadieCalifornia Supreme Court · 1864